Alabama Amendment 5, Remove Orphans' Business from Probate Court Jurisdiction Amendment (2022)

Alabama Amendment 5
Election date November 8, 2022
Topic State judiciary
Status a Approved
Type Constitutional amendment	Origin State legislature

Alabama Amendment 5, the Remove Orphans' Business from Probate Court Jurisdiction Amendment, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 8, 2022. It was approved.

A "yes" vote supported removing orphans' business from the jurisdiction of county probate courts.

A "no" vote opposed removing orphans' business from the jurisdiction of county probate courts.

Election results

Alabama Amendment 5
Result		Votes	Percentage
Yes		780,480	68.71%
No		355,467	31.29%

Results are officially certified.

Source

Overview

What did this amendment do?

See also: Ballot language and constitutional changes

Amendment 5 was designed to remove orphans' business from the jurisdiction of county probate courts. County probate courts were set to remain responsible for adoptions, guardianships, and granting letters of testamentary.

How did this measure get on the ballot?

See also: Path to the ballot

In Alabama, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.

This amendment was passed in the Senate by a vote of 28-0 with six senators voting pass on February 11, 2021. The measure was passed in the House on April 15, 2021, by a vote of 90-0 with 13 representatives voting pass.

Text of measure

Ballot title

The ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, to delete a provision giving the probate court of each county general jurisdiction over orphans' business. (Proposed by Act 2021-202) Yes ( ) No ( )

”

Ballot summary

The Alabama Fair Ballot Commission wrote the following ballot statement:

“ If the majority of the voters vote “yes” on Amendment 5, the outdated words “orphans’ business” will be removed from the Alabama Constitution. If the majority of the voters vote “no” on Amendment 5, the outdated words “orphans’ business” will remain in the Alabama Constitution. There are no costs to Amendment 5. The Constitutional authority for passage of Amendment 5 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote. ”

Constitutional changes

See also: Amendments 301 through 500, Alabama Constitution

The measure amended Amendment 328 (as amended by Amendment 364) of the Alabama Constitution. The following struck-through text was deleted and underlined text was added.

Amendment 364.

Section 6.06. Probate court.

There shall be a probate court in each county which that shall have general jurisdiction of orphans' business, and of adoptions, and with the power to grant letters testamentary, and of administration, and of guardianships, and shall have such further jurisdiction as may be provided by law, provided, that whenever the circuit court has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators, executors, guardians, and trustees and including action upon the resignation of either of them.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 17, and the FRE is 16. The word count for the ballot title is 25.

Support

Officials

• State Sen. Will Barfoot (R)

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot initiative. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email editor@ballotpedia.org.

Background

Probate courts in Alabama

See also: Alabama Probate Courts

There are 68 probate courts and judges in Alabama. Although Alabama has 67 counties, the Alabama Legislature created a second probate judge position for Jefferson County in 1980. Generally, probate courts handle cases concerning wills, estates, property distribution, and debts of those who are deceased. County probate courts were established by the Alabama State Legislature on February 11, 1850. The law provided that each county court was to have one judge of probate to be elected by county voters for terms of six years. Probate courts have also been referred to as orphans' courts.

Under the state constitution, county probate courts have general jurisdiction over cases concerning adoptions and guardianships, and they may have jurisdiction over other topics and cases as provided by state law. Probate courts hear cases concerning the following topics:

• to appoint and remove guardians and/or conservators for minor children and mentally incompetent persons;
• to establish drainage districts;
• to hear and decide on petitions requesting condemnation of privately owned land;
• to hear and decide election contests in certain proceedings;
• to preside over adoption proceedings;
• to order the sale of lands for the payment of delinquent taxes;
• to hear and decide petitions for the redemption of lands sold for delinquent taxes;
• to receive petitions, determine the sufficiency thereof and conduct elections for the establishment and dissolution of municipalities;
• to receive and decide petitions for the adoption of a commission form of government and for alterations of municipal boundaries;
• to hear and decide claims for exemptions from executions, attachments, and garnishments, including authority to hear and decide homestead exemptions; and
• to conduct capacity hearings and involuntarily commit persons for mental health treatment;
• to determine competency of persons to vote; and
• to preside over trust administration matters.

Constitutional amendments in Alabama

From 2000 to 2020, 81 constitutional amendments appeared on the statewide ballot in Alabama. Voters approved 64 (79.0%) and rejected 17 (21.0%). The number of amendments on statewide ballots during the even-numbered years between 2000 and 2020 ranged from 4 to 15, and the average number of amendments during this period was 7.8.

Alabama constitutional amendments, 2000-2020
Total number	Approved	Approved (%)	Defeated	Defeated (%)	Even-year average	Even-year median	Even-year minimum	Even-year maximum
81	64	79.01%	17	20.99%	7.8	6.0	4	15

Path to the ballot

See also: Amending the Alabama Constitution

In Alabama, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.

This amendment was introduced as Senate Bill 68 on February 2, 2021. The measure was passed in the Senate by a vote of 28-0 with six Senators voting pass on February 11, 2021. The measure was passed in the House on April 15, 2021, by a vote of 90-0 with 13 Representatives voting pass.

Vote in the Alabama State Senate February 11, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	28	0	7
Total percent	80.00%	0.00%	20.00%
Democrat	4	0	4
Republican	24	0	3

Vote in the Alabama House of Representatives April 15, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 63  a
	Yes	No	Not voting
Total	90	0	13
Total percent	87.38%	0.00%	12.62%
Democrat	24	0	3
Republican	66	0	10

How to cast a vote

See also: Voting in Alabama

Click "Show" to learn more about voter registration, identification requirements, and poll times in Alabama.

How to cast a vote in Alabama

Poll times In Alabama, polls are open from 7:00 a.m. to 7:00 p.m. According to state law, "All polling places in areas operating on eastern time shall open and close under this section pursuant to eastern time except the county commissions in Chambers County and Lee County may by resolution provide for any polling place to be excluded from this sentence and to be open according to central time." Anyone in line when the polls close must be allowed to vote. Voter registration Check your voter registration status here. Alabama requires that an applicant be a citizen of the United States who resides in Alabama. A voter must be at least 18 years old on or before Election Day. A citizen cannot have been barred from registering due to a felony conviction and cannot have been declared mentally incompetent by a court. Voters cannot register during the 14 days preceding an election. According to the Alabama Secretary of State's website: “ You may download the State of Alabama Postcard Voter Registration Application from this site. The form can be printed on your printer, filled out, and then mailed into your local voter registration officials. Click here for more information. You may also request a postcard voter registration from this office by e-mail. Click here to request a voter registration form. Voter registration is also available from your local County Board of Registrars. Click here to get the address and phone number for the board of registrars office in your county. You may also obtain voter registration services at the following state and local government offices and agencies: Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services The postcard voter registration form is also available at: Public 4-year universities Select private 4-year universities Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services ” Automatic registration See also: Automatic voter registration Alabama does not practice automatic voter registration. Online registration See also: Online voter registration Alabama has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Alabama does not allow same-day voter registration. Residency requirements To register to vote in Alabama, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States An Alabama state law, passed in 2011, requires people to provide proof of U.S. citizenship when registering to vote. However, as of November 2025, the law had not been implemented. In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections to require proof of citizenship. Alabama Secretary of State John Merrill (R) said the following: "That’s an election administration nightmare ... You’d have to have two sets of poll books, one for federal elections and one for state elections, and that just doesn’t make any sense to me." An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Alabama Secretary of State's Voter View website allows residents to check their voter registration status online. Early and absentee/mail-in voting policy Early voting See also: Early voting Alabama does not permit early voting. Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states. Forty-seven states and the District of Columbia permit no-excuse early voting. Absentee/mail-in voting See also: Absentee/mail-in voting A voter is eligible to vote absentee/mail-in in an election if he or she cannot make it to the polls on Election Day for one of the following reasons: The voter will be absent from the county on Election Day. The voter is ill or has a disability that prevents a trip to the polling place. The voter is physically incapacitated and cannot access their polling place due to a life-altering disorder that affects their ability to perform manual tasks, stand for any length of time, walk unassisted, see, hear, or speak. The voter must also be 65 years of age or older or have a disability. The voter is a registered voter living outside the county, such as a member of the armed forces, a voter employed outside the United States, a college student, or a spouse or child of such a person. The voter is an appointed election officer or poll watcher at a polling place other than his or her regular polling place. The voter works a required shift of 10 hours or more that coincides with polling hours. The voter is a caregiver to a family member to the second degree of kinship who is confined to their home. The voter is incarcerated and has not been convicted of a felony involving moral turpitude. Absentee/mail-in ballot application must be received by the seventh day prior to the election if delivered by mail, and by the fifth day before an election if delivered by hand. In the following circumstances, the deadline to apply for an absentee/mail-in ballot is 5 p.m. the day before the election: The voter is required by an employer under unforeseen circumstances to be out of the county on Election Day for an emergency business trip. The voter is a caregiver of a person who requires emergency treatment by a licensed physician within five days before an election. The voter has a family member to the second degree of kinship by affinity or consanguinity die within five days before an election. Alabama also provides for medical emergency absentee/mail-in voting for a voter who has a medical emergency requiring treatment from a licensed physician within 5 days of an election. A voted medical emergency absentee/mail-in ballot must be returned no later than noon on election day. Absentee/mail-in ballot applications must be mailed or handed in person to an absentee/mail-in election manager (usually a circuit clerk). For a link to the application and to find your county's absentee/mail-in election manager, click here. See below for voter identification requirements for absentee/mail-in ballots in Alabama. All states allow for some form of absentee/mail-in voting. Seven states and the District of Columbia had automatic mail-in ballot systems that mandate that all eligible voters receive an absentee/mail ballot by default. An eighth state, Vermont, had such a system for general elections only. Twenty-eight states allow any eligible voter to cast an absentee/mail-in ballot. The remaining 14 states required voters to provide an excuse to receive and cast an absentee/mail ballot. Acceptable excuses vary by state. Returning absentee/mail-in ballots See also: Mail ballot collection and return laws by state Only the voter may return their absentee/mail-in ballot, either by mail or in person. A voter may designate another person to return their ballot only in the case of medical emergency absentee voting. “ After marking the ballot and subscribing the oath herein required, the voter shall seal his or her ballot in the plain envelope, place that plain envelope inside the affidavit envelope, complete the affidavit, have a notary public (or other officer authorized to acknowledge oaths) or two witnesses witness his or her signature to the affidavit, and forward it by United States mail to the absentee election manager or hand it to him or her in person. ” Twenty states allow anyone chosen by the voter to return a ballot on the voter's behalf, with certain exceptions, while 16 states allow anyone with certain relationships to the voter to return the voter's ballot. Four states allow only the voter to return the voter's ballot, with certain exceptions, and two states required voters to return their ballots by mail. Eight states and D.C. do not specify who may return ballots. Drop box availability State law does not mention drop boxes and they were not in use in the state as of 2025. Signature requirements and cure provisions Ballots will not be counted in the state of Alabama if they do not 1) contain the voter's signature, or 2) contain the signatures of two witnesses or a notary public. Alabama does not have a cure provision, or a law providing for a process where election officials follow up with voters whose absentee/mail-in ballots contain a signature discrepancy or lack the requisite signatures. Alabama law states the following: “ No poll worker or other election official shall open an affidavit envelope if the envelope indicates the ballot is an unverified provisional ballot or the affidavit is unsigned by the voter or unmarked, and no ballot envelope or ballot may be removed or counted. No poll worker or other election official shall open an affidavit envelope if the voter’s affidavit signature or mark is not witnessed by the signatures of two witnesses or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, and no ballot envelope or ballot may be removed or counted. ” Thirty-three states have laws that include cure provisions, while 17 states do not. One state, Pennsylvania, allows counties to establish a cure process. Was your absentee/mail-in ballot counted? Use the Alabama Secretary of State's Voter View tool to check the status of your absentee/mail-in ballot. Voter identification requirements See also: Voter ID in Alabama See also: Voter identification laws by state Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of November 2025. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State. “ Valid Alabama Driver’s License (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Driver’s License Valid Alabama Nondriver ID (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Nondriver ID Valid Alabama Photo Voter ID Card Valid State-Issued ID (Alabama or any other state) Examples Valid AL Department of Corrections Release - Temporary ID (Photo Required) Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required) Valid Pistol Permit (Photo Required) Valid Federal-Issued ID Valid US passport Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Digital student ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Valid student or employee ID issued by a state institution of higher learning in any other state Digital student ID issued by a state institution of higher learning in any other state Valid Military ID Valid Tribal ID ” To view Alabama statute pertaining to voter identification, click here. A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here. Alabama requires voters to present photo ID while voting. Accepted forms of identification include driver's licenses, student ID cards, and military IDs. A voter can obtain a free photo ID from the Alabama Secretary of State, a county registrar's office, or a mobile location, which changes daily. The mobile location schedule can be accessed here. Click here to learn more about the background of Alabama's law. Thirty-six states require voters to present identification in order to vote at the polls on Election Day. Of these states, 24 require voters to present identification containing a photograph, and 12 accept other forms of identification. The remaining 14 states do not require voters to present identification in order to vote at the polls on Election Day. Valid forms of identification differ by state. In certain states that require voters to provide identification, there may be exceptions that allow some voters to cast a ballot without providing an ID. To see more about these exceptions, see details by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards. Provisional balloting for voters without ID Voters who do not have ID while voting may cast provisional ballots. See below for provisional ballot rules. Provisional ballot rules Voters in Alabama are given provisional ballots under the following circumstances. Below each circumstance is a description of the action taken to determine whether provisional ballots will be counted and circumstances under which they will not be counted. (1) "The name of the individual does not appear on the official list of eligible voters for the precinct or polling place in which the individual seeks to vote, and the individual's registration cannot be verified while at the polling place by the registrar or the judge of probate." The voter must sign an affirmation of their eligibility to vote in that precinct and fill out a voter reidentification form to be used for updating the state voter registration list. If the voter is found to be ineligible to vote or cast their ballot in the incorrect precinct, the ballot will not be counted. (2) "An inspector has knowledge that the individual is not entitled to vote at that precinct and challenges the individual." "[T]he inspector shall sign a statement under penalty of perjury setting forth facts which the inspector believes to support his or her belief that the individual is not qualified to vote in the precinct in which the voter is seeking to vote." (3) "The individual is required to comply with the voter identification provisions of Section 17-10-1 but is unable to do so." "[T]he identification, including the address and telephone number of the voter, must be provided to the board of registrars no later than 5:00 P.M. on the Friday following the election." "If the voter fails to provide identification to the board of registrars by 5:00 P.M. on the Friday following the election, the voter's ballot shall not be counted." (4) "A federal or state court order extends the time for closing the polls beyond that established by state law and the individual votes during the extended period of time." "[T]he provisional ballots shall be segregated from other provisional ballots into a separate sealed container for such purpose and shall be counted, tabulated, and canvassed only pursuant to the order of a court having proper jurisdiction." (5) "The person has requested, but not voted, an absentee ballot." If a voter is found to have already voted by absentee ballot, their in-person provisional ballot will not be counted. Was your provisional ballot counted? Visit the secretary of state's Voter View website to check the status of your provisional ballot. Primary election type See also: Primary elections in Alabama A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Alabama uses an open primary system, in which registered voters do not have to be members of a party to vote in that party's primary. For information about which offices are nominated via primary election, see this article. Time off work for voting In Alabama, employers must provide workers with time off to vote on election day under certain conditions. State law says the following: “ Each employee in the state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which the employee is qualified and registered to vote on the day on which the primary or election is held. The necessary time off shall not exceed one hour and if the hours of work of the employee commence at least two hours after the opening of the polls or end at least one hour prior to the closing of the polls, then the time off for voting as provided in this section shall not be available. The employer may specify the hours during which the employee may absent himself or herself as provided in this section. ” Twenty-eight states require employers to grant employees time off to vote. Within these 28 states, policies vary as to whether that time off must be paid and how much notice must be given. Electioneering Alabama state law restricts anyone except voters and those assisting them, the judge of probate, the sheriff, precinct election officials, and poll watchers from being within 30 feet of the door to a polling place. Voting rules for people convicted of a felony See also: Voting rights for people convicted of a felony In Alabama, people convicted of a felony involving "moral turpitude," as defined by the state, are disqualified from voting. As of November 2025, Alabama state law identified 56 types of crimes involving moral turpitude. Click here for a complete list. Individuals convicted of a felony listed can apply to the state Board of Pardons and Paroles to have their voting eligibility restored upon completion of their sentence, including paying all fines, fees, and restitution ordered by a court, completion of their parole or probation, or if they have received a pardon. As of November 2025, Alabama state law identified 16 crimes involving moral turpitude for which people convicted of a felony are permanently disqualified from voting. Click here for a complete list of permanently disqualifying felonies. Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter. Voter list maintenance All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA). The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory. When names can be removed from the voter list Alabama law states that each county board of registrars will remove names from the voter list if the person: dies becomes a nonresident of the state/county was declared mentally incompetent has been convicted of certain offenses (see above) otherwise becomes disqualified as an elector The county boards of registrars receive information from the Alabama Criminal Justice Information System, the Office of Vital Statistics of the State Department of Health, clerks of the circuit and district courts, and probate judges to determine several of the above. Every four years, county boards of registrars, or the secretary of state, obtain change-of-address information supplied by the United States Postal Service through the National Change of Address database, in addition to at least one other voter registration database, to identify voters who have potentially changed addresses. The board of registrars must then either update the voter's registration if the new address is under the same jurisdiction, or mail a nonforwardable address confirmation postcard to the registered voter. If the card is returned indicating the voter may have moved, a second, forwardable postcard is sent on which the voter must confirm their address. If that card is returned after being filled out by the voter, the voter list is updated with the current address. If the card is not returned by the voter within 90 days or the notice is returned as undeliverable, that person's name is placed on the inactive list. If the voter does not vote in one of the subsequent two federal elections following being placed on the inactive list, their name is removed from the registration list. Inactive voter list rules Voters in Alabama are placed on inactive voter lists in the following circumstances: They have not responded to efforts by the board of registrar to confirm their address, as described above; They have not voted in the county in four years. Voters on the inactive list can vote so long as they complete a reidentification form. State law says the following: “ Each voter whose name is to be removed shall reidentify himself or herself by appearing in person before a registrar, or by appearing before the judge of probate, or either of the clerks in the office of the judge of probate, or through his or her representative before the board of registrars in regular session except that the following persons shall be entitled to reidentify by mail if they possess the qualifications of an elector and are not disqualified from voting under the constitution and laws of Alabama: Members of the Armed Forces of the United States, persons employed outside the United States, persons absent because of attendance at an institution of higher learning, and the spouses and children of such persons." ” The Electronic Registration Information Center (ERIC) See also: Electronic Registration Information Center (ERIC) According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records and other sources, to provide member states with reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Members fund ERIC. New members pay a one-time membership fee of $25,000, which is reserved for technology upgrades and other unanticipated expenses. Members also pay annual dues. Annual dues cover operating costs and are based, in part, on the citizen voting age population in each state." Twenty-five states are participating members in the ERIC program. Thirty-four states and the District of Columbia have joined and participated in ERIC at some point. As of November 2025, Alabama was not a participating member in ERIC. Secretary of State Wes Allen (R) withdrew Alabama from ERIC on January 16, 2023, saying he would, “permanently cease to transmit any information regarding any citizen of the State of Alabama to [the] organization.” Post-election auditing Alabama state law does not require post-election audits. Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits. Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more. Forty-six states and the District of Columbia require some form of post-election audit by law, excluding states with pilot programs. Of these, 39 states and the District of Columbia require traditional post-election audits, while three states require risk-limiting post-election audits, and three states require some other form of post-election audit, including procedural post-election audits. Election administration authorities State election officials In Alabama, the secretary of state is the state's chief election official. There is no state board of elections or equivalent authority. The secretary of state is elected by popular vote every four years. Local election officials Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. Election policy ballot measures See also: Elections and campaigns on the ballot and List of Alabama ballot measures Ballotpedia has tracked the following ballot measures relating to election and campaign policy in Alabama. Alabama Utilities in Tuskegee, Amendment 6 (2008) Alabama State Senate Elections, Amendment 2 (1932) Alabama Primary Election Votes, Amendment 3 (1944) Alabama Voter Registration in Madison County (May 1972) Alabama Constitutional Change Applying to One County Amendment (1982) Alabama Macon County Board of Education Elections, Amendment 3 (2006) Alabama Amendment 1, Citizenship Requirement for Voting Measure (2020) Alabama Amendment 4, Prohibit Changes to Election Conduct Laws within Six Months of General Elections Amendment (2022) Recent legislation related to election administration in Alabama The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in Alabama. The following information is included for each bill: State Bill number Official bill name or caption Most recent action date Legislative status Sponsor party Topics dealt with by the bill Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary. Explore election legislation with Ballotpedia Try Ballotpedia's Election Administration Legislation Tracker Ballotpedia's Election Administration Legislation Tracker provides daily updates on legislative activity related to election policy in all 50 states. Our election policy experts translate complex bill text into easy-to-understand summaries. And because it's from Ballotpedia, our legislation tracker is guaranteed to be neutral, unbiased, and nonpartisan. Search bills Read Ballotpedia's State of Election Administration Legislation Reports Ballotpedia publishes regular analysis of election administration legislation, including three full reports per year, providing ongoing coverage of legislative activity affecting election policy in each state. These reports deliver insights into partisan priorities, dive deep into notable trends, and highlight activity in key states. Read the latest report Subscribe to The Ballot Bulletin The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The newsletter tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. Subscribe Ballot access See also: Ballot access requirements for political candidates in Alabama In order to get on the ballot in Alabama, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election. There are three basic methods by which an individual may become a candidate for office in a state. An individual can seek the nomination of a state-recognized political party. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot. An individual can run as a write-in candidate. This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in Alabama. For information about filing requirements for presidential candidates, click here. Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes). Redistricting See also: Redistricting in Alabama Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of Alabama's seven United States Representatives and 140 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity. Alabama was apportioned seven seats in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census. On October 5, 2023, a three-judge panel of the United States District Court for the Northern District of Alabama approved a new congressional district map. The map created a new district with a 48.7% Black voting-age population. In its decision, the panel said that "this plan satisfies all constitutional and statutory requirements while hewing as closely as reasonably possible to the Alabama legislature’s 2023 Plan." A three-judge panel of the United States District Court for the Northern District of Alabama ruled on September 5, 2023, that the revised congressional district boundaries that the Alabama legislature enacted on July 21, 2023, were not in accordance with the Voting Rights Act. The state adopted the revised congressional map after the U.S. Supreme Court ruled 5-4 on June 8, 2023, that the state's congressional redistricting plan adopted on November 4, 2021, violated the Voting Rights Act and had to be redrawn to include a second majority-Black district. The federal district court's order said, "this Court concluded that the 2023 Plan did not remedy the likely Section 2 violation found by this Court and affirmed by the Supreme Court. We, therefore, preliminarily enjoined Secretary Allen from using the 2023 Plan in Alabama’s upcoming 2024 congressional elections." On August 22, 2025, the district court struck down the state senate map as a violation of Section 2 of the Voting Rights Act. On November 17, 2025, the court imposed a remedial map and ordered the state to use it in the 2026 and 2030 elections. Alabama enacted state legislative maps for the state Senate and House of Representatives on Nov. 4, 2021, after Gov. Kay Ivey (R) signed the proposals into law. Senators approved the Senate map on Nov. 1 with a 25-7 vote. Representatives approved the Senate map on Nov. 3 with a 76-26 vote. For the House proposal, representatives voted 68-35 in favor on Nov. 1 and senators followed on Nov. 3 with a 22-7 vote. These maps took effect for Alabama's 2022 legislative elections. Click here for more information on maps enacted after the 2020 census. HIGHLIGHTS Following the 2020 United States Census, Alabama was apportioned seven congressional districts, which was unchanged from the number it had after the 2010 census. Alabama's House of Representatives is made up of 105 districts; Alabama's State Senate is made up of 35 districts. The Alabama State Legislature is responsible for drawing both congressional and state legislative district lines. State process See also: State-by-state redistricting procedures The Alabama State Legislature is responsible for drawing both congressional and state legislative district lines. Both chambers of the state legislature must approve a single redistricting plan. State legislative district lines must be approved in the first legislative session following the United States Census. There is no statutory deadline for congressional redistricting. The governor may veto the lines drawn by the state legislature. The Alabama Constitution requires that state legislative district lines be contiguous. In addition, the state constitution mandates that state Senate districts "follow county lines except where necessary to comply with other legal requirements." In 2000, according to All About Redistricting, the legislative committee charged with redistricting "adopted guidelines ... asking that [congressional] districts be contiguous, reasonably compact, follow county lines where possible, and maintain communities of interest to the extent feasible." In addition, the committee agreed to "attempt to avoid contests between incumbents." Similar guidelines apply to state legislative redistricting. At its discretion, the state legislature may change these guidelines, which are non-binding. Contact information Election agencies Seal of the U.S. Election Assistance Commission See also: State election agencies Individuals seeking additional information about election administration in Alabama can contact the following local, state, and federal agencies. Alabama County Boards of Registrars Click here for a list Alabama Secretary of State, Elections Division Physical Address: 600 Dexter Ave, Suite E-206 Montgomery, Alabama 36130-3008 Mailing Address: P.O. Box 5616 Montgomery, Alabama 36103-5616 Phone: 334-242-7210 Toll free: 1-800-274-8683 Fax: 334-242-2444 Website: https://www.sos.alabama.gov/alabama-votes Alabama Ethics Commission Physical Address: 100 North Union Street, Suite 104 Montgomery, Alabama 36104 Mailing address: P.O. Box 4840 Montgomery, Alabama 36103-4840 Phone: 334-242-2997 Fax: 334-242-0248 Email: info@ethics.alabama.gov Website: https://ethics.alabama.gov U.S. Election Assistance Commission 633 3rd Street NW, Suite 200 Washington, DC 20001 Phone: 301-563-3919 Toll free: 1-866-747-1471 Email: clearinghouse@eac.gov Website: https://www.eac.gov Ballotpedia's election coverage Click the tiles below to navigate to 2025 election coverage: U.S. Congress special elections Governors Attorney general Other state executives State legislatures State ballot measures Local ballot measures State judges Local judges Municipal government School boards Recall Democratic primaries 2026 United States Senate Democratic Party primaries, 2026 United States House Democratic Party primaries, 2026 Democratic Party gubernatorial primaries, 2026 Democratic Party Secretary of State primaries, 2026 Democratic Party Attorney General primaries, 2026 State legislative Democratic primaries, 2026 Republican primaries 2026 United States Senate Republican Party primaries, 2026 United States House Republican Party primaries, 2026 Republican Party gubernatorial primaries, 2026 Republican Party Secretary of State primaries, 2026 Republican Party Attorney General primaries, 2026 State legislative Republican primaries, 2026 See also Election laws and legislation in Alabama State of Election Administration Legislation Reports Factors affecting the speed of ballot counting and delivery of unofficial election results Voting in Alabama Ballot access requirements for political candidates in Alabama Redistricting in Alabama Elections in Alabama Alabama elections, 2025 Alabama elections, 2024 Alabama elections, 2023 Alabama elections, 2022 Alabama elections, 2021 Alabama elections, 2020 Alabama elections, 2019 Alabama elections, 2018 Alabama elections, 2017 Alabama elections, 2016 Alabama elections, 2015 Alabama elections, 2014 External links Alabama Secretary of State - Elections Voter View portal Footnotes Registration requirements Check your voter registration status here. Alabama requires that an applicant be a citizen of the United States who resides in Alabama. A voter must be at least 18 years old on or before Election Day. A citizen cannot have been barred from registering due to a felony conviction and cannot have been declared mentally incompetent by a court. Voters cannot register during the 14 days preceding an election. According to the Alabama Secretary of State's website: “ You may download the State of Alabama Postcard Voter Registration Application from this site. The form can be printed on your printer, filled out, and then mailed into your local voter registration officials. Click here for more information. You may also request a postcard voter registration from this office by e-mail. Click here to request a voter registration form. Voter registration is also available from your local County Board of Registrars. Click here to get the address and phone number for the board of registrars office in your county. You may also obtain voter registration services at the following state and local government offices and agencies: Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services The postcard voter registration form is also available at: Public 4-year universities Select private 4-year universities Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services ” Automatic registration See also: Automatic voter registration Alabama does not practice automatic voter registration. Online registration See also: Online voter registration Alabama has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Alabama does not allow same-day voter registration. Residency requirements To register to vote in Alabama, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States An Alabama state law, passed in 2011, requires people to provide proof of U.S. citizenship when registering to vote. However, as of November 2025, the law had not been implemented. In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections to require proof of citizenship. Alabama Secretary of State John Merrill (R) said the following: "That’s an election administration nightmare ... You’d have to have two sets of poll books, one for federal elections and one for state elections, and that just doesn’t make any sense to me." An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Alabama Secretary of State's Voter View website allows residents to check their voter registration status online. Voter ID requirements Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of November 2025. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State. “ Valid Alabama Driver’s License (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Driver’s License Valid Alabama Nondriver ID (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Nondriver ID Valid Alabama Photo Voter ID Card Valid State-Issued ID (Alabama or any other state) Examples Valid AL Department of Corrections Release - Temporary ID (Photo Required) Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required) Valid Pistol Permit (Photo Required) Valid Federal-Issued ID Valid US passport Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Digital student ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Valid student or employee ID issued by a state institution of higher learning in any other state Digital student ID issued by a state institution of higher learning in any other state Valid Military ID Valid Tribal ID ” To view Alabama statute pertaining to voter identification, click here. A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here.

See also

2022 measures

• 2022 ballot measures
• State judiciary on the ballot

Alabama

• Alabama ballot measures
• Alabama ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Alabama Senate Bill 68 (2021) on LegiScan
• SB 68 (2021) full text