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1 Voter Challenge Statutes by State 1 (2016)

handle is hein.scsl/vchsut0001 and id is 1 raw text is: 



                                                    Voter Challenge Statutes by State


State            Who can challenge                            On  what Grounds                                    Process/Evidence Required


Precinct election officials
ALA.  CODE   § 17- 8-1(b)(2)

Watchers may  only point out
problems to officials.
Id. § 17-8-7.


A voter is required to cast a provisional ballot if the
voter:
(1) is not on registration list

(2) is not entitled to vote at that precinct

(3) does not have proper identification.

(4) A federal or state court extends the time for closing
the polls beyond that established by state law and the
individual votes during the extended period of time.

(5) The person has requested, but not voted an
absentee ballot
ALA.  CODE    17-10-2(a).


Alabama


DOC  ID - 23970511.5


When  a person is challenged on the grounds set forth in ALA.
CODE   § 17-10-2(a), the person must be notified that he or she
may  submit a provisional ballot. To submit a provisional ballot,
the person must sign an affidavit attesting that he or she is
registered in that precinct and qualified to vote in the election.
ALA.  CODE   § 17-10-2(b)(1)-(2).

When  a person is challenged on the grounds that the official has
knowledge  that the person is not entitled to vote in the
precinct, the election official must set forth in an affidavit with
facts supporting why s/he thinks the voter is not qualified and a
copy must be given to the voter.
Id. § 17-10-2(b)(4).
When  an absentee ballot becomes a provisional ballot as a result
of an absentee precinct inspector having knowledge that the
individual is not entitled to vote, the absentee precinct inspector
shall follow the same procedure identified above in § 17-10-
2(b)(4) except: (1) in lieu of providing the provisional voter with
a copy of the challenge statement, the inspector shall provide
two copies to the absentee election manager once the results
from the absentee precinct have been tabulated and certified;
and (2) the absentee election manager shall mail a copy of the
challenge statement to the provisional voter and include (i)
written explanation of the procedure used in verifying/certifying
provisional ballots; (ii) contact information; (iii) written
explanation re how individual will be able to ascertain whether
vote was counted and reasons for not counting the vote.
Id. § 17-10-2(c).
When  the board of election considers provisional ballots, it must
send notice to the challenged voter and inform him or her of
how  s/he can dispute the challenge.
Id. § 17-10-2(e).


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