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Processing, counting, and challenging absentee/mail-in ballots in Alabama, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Alabama for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

  • How ballots are processed and counted
  • Whether ballots can be challenged
  • Conditions for rejecting a ballot
  • Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Alabama for the November 2020 election.

Absentee voting in Alabama: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

No

What was the deadline for requesting a ballot by mail?

Oct. 29, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 2, 2020

Was the return deadline a postmark or receipt deadline?

Postmarked

Were there notary or witness requirements?

Notary or witness


Processing ballots

Officials in Alabama began processing absentee/mail-in ballots at noon on November 3, 2020. As of November 2020, Alabama law included the following provision for processing absentee/mail-in ballots:

The election officials shall then call the name of each voter casting an absentee ballot with poll watchers present as may be provided under the laws of Alabama and shall examine each affidavit envelope to determine if the signature of the voter has been appropriately witnessed. If the witnessing of the signature and the information in the affidavit establish that the voter is entitled to vote by absentee ballot, then the election officials shall certify the findings, open each affidavit envelope, and deposit the plain envelope containing the absentee ballot into a sealed ballot box.[2]


See law: Alabama Code §17-11-10

Counting ballots

Officials began counting absentee/mail-in ballots when polls close on November 3, 2020. As of November 2020, Alabama law included the following provision for counting absentee/mail-in ballots:

Upon closing of the polls, the absentee ballots shall be counted and otherwise handled in all respects as if the absentee voter were present and voting in person.[2]


See law: Alabama Code §17-11-10

Alabama law included the following provision for who may count absentee/mail-in ballots:

For every primary, general, special, or municipal election, there shall be appointed one inspector and at least three clerks, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the courthouse, or municipal building for municipal elections, as designated by the absentee election manager for the purpose of counting and returning the ballots cast by absentee voters. The returns from the absentee precinct shall be made as required by law for all other boxes. It shall be unlawful for any election official or other person to publish or make known to anyone the results of the count of absentee votes before the polls close.[2]


See law: Code of Alabama, Section 17-11-11 - Officials for counting of absentee ballots; poll watchers.

Alabama law included the following provision for poll watchers:

Any person or organization authorized to appoint poll watchers under Sections 17-8-7 and 17-13-11 may have a single watcher present at the counting of absentee ballots, with the rights as are conferred by the sections and by any other provisions of state law.[2]


See law: Code of Alabama, Section 17-11-11 - Officials for counting of absentee ballots; poll watchers.

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of November 2020, Alabama did not have a provision for challenging ballots in state law.

Rejecting ballots

As of November 2020, Alabama law included the following provisions for rejecting absentee/mail-in ballots:

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 printed thereon is unsigned by the voter or unmarked, and no ballot envelope or ballot therein 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 therein may be removed or counted.[2]


No court or other election tribunal shall allow the counting of an absentee ballot with respect to which the voter's affidavit signature or mark is not witnessed by the signatures of two witnesses 18 years of age or older or a notary public, or other officer, including a military commissioned officer, authorized to acknowledge oaths, prior to being delivered or mailed to the absentee election manager.[2]


See law: Alabama Code §17-11-10

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]

As of November 2020, Alabama did not have a ballot curing provision in state law.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

More frequently asked questions about the 2020 election

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See also


Footnotes