It shall be unlawful for any elector to cast his or her ballot during any general election, primary election, municipal election or special election in any precinct, any district, any ward, or any other subdivision where his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision. All ballots cast in any election contrary to this section are hereby declared illegal and, upon a contest duly instituted, the ballots shall be excluded in determining the final result of any election; provided, that nothing in this section shall prevent any qualified elector residing in the precinct, ward, or voting district from voting after presenting a proper certificate from the board of registrars, or from voting a provisional ballot or a provisional ballot in municipal elections when his or her name does not duly appear upon the official list of the precinct, district, ward, or subdivision.
(Acts 1947, No. 482, p. 331, §2; Code 1975, §17-4-18; Acts 1978, No. 584, p. 667, §23; Act 2003-313, p. 733, §2; §17-4-127; amended and renumbered by Act 2006-570, p. 1331, §50.)
Notes of Decisions
Cited in
9
cases, 1986–2014 · leading case:
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
· cites it 26× “In 1996, the Legislature amended various absentee-voting provisions, including Ala.Code 1975, §§ 17-10-3 and -7, necessitating the printing of new affidavit forms for on-site absentee voting.”
Taylor v. Cox, 710 So. 2d 406 (Ala. 1998).
· cites it 4× “1997), specifically the portion thereof emphasized below: "The [absentee ballot] application required in Section 17-10-3(a) shall be filed with the person designated to serve as the absentee election manager.”
Ward v. Alabama, 31 F. Supp. 2d 968 (M.D. Ala. 1998).
· cites it 4× “[3] In its five-page submission letter, the State provided commendably detailed descriptions of amendments made by the Act to Ala.Code §§ 17-10-3 and 17-10-7. Significantly, however, the submission letter made no mention at all of § 17-10-5, nor did it indicate any desire to…”
Davis v. Bennett, 154 So. 3d 114 (Ala. 2014).
· cites it 12× “) The third and final statute, the former version of what is now § 17-10-3, Ala. Code 1975, which dates back to 1947 and when the Code of 1975 was adopted was designated § 17-4-127, read as follows: “It shall be unlawful for any elector to cast his or her ballot during any…”
United States v. Askew, 966 F. Supp. 1103 (M.D. Ala. 1997).
“§ 17-10-3 to -4. “ ‘The total period of probation and confinement (if any) may not exceed the maximum time period provided as punishment for the crime.”
United States v. Marengo Cnty. Comm'n, 643 F. Supp. 232 (1986).
· cites it 2× “Ala. Code § 17-10-3 . It would be convenient to print forms containing the information that is required of the applicants pursuant to Ala.”
— Ala. Code § 17-10-3(a) — 5 cases
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
“In 1996, the Legislature amended various absentee-voting provisions, including Ala.Code 1975, §§ 17-10-3 and -7, necessitating the printing of new affidavit forms for on-site absentee voting.”
Taylor v. Cox, 710 So. 2d 406 (Ala. 1998).
“1997), specifically the portion thereof emphasized below: "The [absentee ballot] application required in Section 17-10-3(a) shall be filed with the person designated to serve as the absentee election manager.”
— Ala. Code § 17-10-3(a)(3) — 1 case
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
“In 1996, the Legislature amended various absentee-voting provisions, including Ala.Code 1975, §§ 17-10-3 and -7, necessitating the printing of new affidavit forms for on-site absentee voting.”
— Ala. Code § 17-10-3(a)(6) — 1 case
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
“In 1996, the Legislature amended various absentee-voting provisions, including Ala.Code 1975, §§ 17-10-3 and -7, necessitating the printing of new affidavit forms for on-site absentee voting.”
— Ala. Code § 17-10-3(c) — 1 case
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
“In 1996, the Legislature amended various absentee-voting provisions, including Ala.Code 1975, §§ 17-10-3 and -7, necessitating the printing of new affidavit forms for on-site absentee voting.”
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treatment. Dots show Syfertize treatment of the citing case itself.