The Cherokee County Circuit Clerk’s Office has released the following information regarding absentee voting for the Nov. 6, 2012 Election Day General and Constitutional Amendment Election as state by law.
17-11-2 The circuit clerk of the county shall, at his or her option be the absentee election manager. If the circuit clerk declines the duties of absentee election manager, the appointing board shall thereupon appoint an absentee election manager, who shall be a person qualified by training and experience, who is a qualified elector of the county. The county commission shall designate the place or office where such duties shall be performed. Such place or office shall be open on the days and during the hours as that of the circuit clerk prior to each election.
17-11-3(a) Any qualified elector may vote an absentee ballot by mail or in person at the absentee election manager’s office, if he or she makes application in writing not less than five days prior to the election and meets one of the following requirements:
(1) The person will be out of the county or state on election day.
(2) The person has any physical illness or infirmity which prevents his or her attendance at the polls, whether he or she is within or without the county on the day of election.
(3) The person works a shift which has at least 10 hours which coincide with the hours the polls are open at his or her regular polling place.
(4) The person is enrolled as a student at an educational institution located outside the county of his or her personal residence (attendance) at which prevents his or her attendance at the polls.
(5) The person is a member of, or spouse or dependant of a member of, the armed forces of the United States or is similarly qualified to vote absentee pursuant to the Federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.
(6) The person has been appointed as an election officer or named as a poll watcher at a polling place other than his or her regular polling place.
(b) An applicant for an absentee ballot who is a member of the armed forces of the United States, including the Alabama National Guard, the United States Naval Reserves, the United States Air Force Reserves, and the United States Army Reserve on active duty or active duty for training or an applicant who is the spouse of any member of the armed forces or any other applicant qualified to vote absentee pursuant to the Federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may make application for an absentee ballot by filling out the federal postcard application form, authorized and provided for under the provisions of the Federal Voting Assistance Act.
NOTE: Attorney General Opinion # 2008-107. Applicants listed in section (b) above who wish to vote in municipal elections must submit the application to the absentee manager designated for municipal elections.
17-11-3(c) Any registered elector who requires emergency treatment of a licensed physician within five days of an election may apply for an emergency absentee ballot for the election and may vote by returning the absentee ballot no later than noon on the day the election is held. The attendant physician shall describe and certify the circumstances as constituting an emergency on a special form designed by the Secretary of State and provided by his or her office to local absentee election managers. The special form shall be attached to the application.
17-11-3(d) Any registered elector whose name appears on the poll list of qualified voters may vote by an emergency absentee ballot if he or she is required by his or her employer under unforeseen circumstances to be out of the county on an emergency business trip on election day. Under such circumstances, the applicant shall apply for an emergency absentee ballot at the office of the absentee election manager no later than the close of the business day one day prior to the election. The applicant shall complete and file an application form designed by the Secretary of State for emergency absentee voters. The form shall contain an affidavit which the applicant shall sign or swear acknowledging that he or she was not aware of the out-of-county business requirement prior to five days before the election. An applicant who meets the requirements of this subsection may vote by an emergency absentee ballot.
After voting the ballot, the voter shall hand the ballot to the absentee election manager.
Completed absentee applications must provide the Alabama residence where the voter is registered to vote, even if the ballot is to be mailed to another address where the applicant/voter regularly receives mail. If you have moved and have not updated your polling place you should contact the local board of registrars and update your address prior to applying for an absentee ballot.
Voter ID instructions will accompany each mailed absentee ballot and must be followed carefully to insure that your ballot is counted.
The deadline to apply for an absentee ballot is the close of business day Thursday, November 1, 2012. Applications for absentee voting are available at the absentee election manager’s office, and the Secretary of State’s web page www.alabamavotes.gov.
Any completed application must be returned by the voter in person or be sent by US mail.
Multiple applications can not be mailed in the same envelope (Attorney General Opinion number 82-00551).
Monday OCTOBER 8th, 2012 Columbus Day: State Holiday
17-3-50(a) Friday, October 26, 2012: LAST DAY TO REGISTER TO VOTE FOR GENERAL ELECTION.
Mailing Address to mail in applications:
Absentee Election Manager
100 Main Street Room 203
Centre, Al 35960
Website for more information and applications for Absentee: www.alabamavotes.gov.
Monday, November 5th, 2012: Mailed absentee ballots must be postmarked no later than this date. This is the last business day before the election and is the last day to vote business emergency. Last day voter can return in person, his or her regular absentee ballot.
NOVEMBER 6th, 2012: ELECTION DAY.
17-11-18. November 6th, 2012: Voted absentee ballots returned by U.S. mail must be received by the absentee election manager no later than noon election day. Medical emergency absentee ballots delivered by the voter’s designee, must be received no later than noon election day. 17-11-10. For absentee ballots received by noon on the day of the election, the absentee election manager shall, beginning at noon, deliver the sealed affidavit envelopes containing absentee ballots to the absentee election officials.
17-11-5(c) November 7th, 2012: The absentee election manager in all elections shall deliver to the board of registrars the day following the election, a copy of the list of all absentee voters.
17-10-2(f) November 13th, 2012: Commencing at noon Tuesday, seven days after the election, the canvassing board, (judge of probate, circuit clerk, and sheriff) (17-1-2 (6), in the presence of watchers shall tabulate provisional ballots which have been certified by the board of registrars.
17-12-15. November 16th, 2012: The judge of probate, circuit clerk and sheriff shall meet at the courthouse of its county, not later than noon on Friday next following the election, and receive the returns, canvass the same and publicly declare the results.
17-11-19. The absentee election manager shall upon the conclusion of each election, return to the Secretary of State, all unused absentee ballots and affidavit envelopes, along with an itemized signed statement showing the description and quantity of material received, used and returned.
Secretary of State
1409 Highland Ave.
Montgomery AL 36104
17-11-5(c) Monday, January 7th 2012: Absentee election manager must file the list of absentee ballot applications for the November 6th, 2012 General and Constitutional Amendment Election with the Judge of probate (60) days after the election.
Maintaining records: Alabama Election Handbook Thirteenth Edition Page 230: The Sheriff must keep ballots six months provided that there is no federal office on the ballot and if no election contest is underway.
If a federal office is on the ballot all records must be kept 22 months.
Every General election held every two years in November always includes offices for Congress which is a federal office.
The A.E.M. can use these same requirements when destroying absentee ballot applications, poll list, and any other item.
This information is only a suggested review for Circuit Clerk’s/Absentee Election Managers.
The election law that everyone must comply with is in the Code of Alabama, Volume 13a, Title 17. The Secretary of State is the chief election officer. Contact that office for any questions about the election law at: 1-800-274-8683.