Code of Alabama

Ala. Code § 17-13-3 (2026)

Time and Place for Holding Primary Elections.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Except as otherwise provided in subsections (b) and (d), primary elections held at the expense of the state or counties shall be held on the Tuesday in May preceding Memorial Day. When necessary, as provided in this chapter, a second or runoff primary election shall be held on the fourth Tuesday following the primary election. Any second primary shall be held by the same election officers who held the first primary election and be held at the same places as the first primary election. No primary election shall be held by any political party except as provided in this subsection. Primary elections shall be held at the regular polling places established for the purpose of holding general elections.

(b) In years in which a presidential primary is conducted, the primary election shall be the first Tuesday in March.

(c) Notwithstanding any other provision of law, in any year in which the primary election is held in March and the primary election is held in conjunction with the presidential preference primary election, as provided in this section and Section 17-13-100, any reference in any existing statutes to a primary election being held in June or May shall be construed to refer to the primary election in March.

(d) Special primary elections, held at the expense of the state or counties, shall be held following the issuance of a proclamation by the Governor or as otherwise provided by law. When necessary, as provided in this chapter, a second or runoff special primary election shall be held on the fourth Tuesday following the special primary election. Any second special primary election shall be held by the same election officers who held the first special primary election and be held at the same places as the first special primary election. No special primary election shall be held by any political party, except as provided in this subsection. Special primary elections shall be held at the regular polling places established for the purpose of holding general elections.

(Acts 1975, No. 1196, p. 2349, §5; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §1; Acts 1978, No. 691, p. 994, §16; Acts 1979, No. 79-800, p. 1463, §1; Acts 1985, No. 85-389, p. 344; Acts 1990, No. 90-699, p. 1359, §1; Act 2006-354, p. 937, §1; Act 2006-634, p. 1731, §1; §17-16-6; amended and renumbered by Act 2006-570, p. 1331, §59; repealed by Act 2007-461, p. 965, §1; added by Act 2007-461, p. 965, §2; Act 2011-566, p. 1142, §§1, 2; Act 2015-239, p. 699, §1; Act 2019-318, §1; Act 2021-164, §1; Act 2025-283, §1.)

Notes of Decisions

Cited in 2 cases, 1995–2007 · leading case: Johnny Swanson, III v. The State of Alabama, 490 F.3d 894 (11th Cir. 2007).

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Johnny Swanson, III v. The State of Alabama, 490 F.3d 894 (11th Cir. 2007). “Code § 17-16-6 (2005) (current version at Ala. Code § 17-13-3 ). Plaintiffs contend that the three-percent signature requirement and primary election date filing deadline, independently and in combination, infringe upon their First and Fourteenth Amendment rights.”

Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “…summaries typify the duties designated in chapter 13: (1) counting ballots, §§ 17-13-1 to -2; (2) identifying boxes, § 17-13-3; (3) labelling ballots and sealing packages, § 17-13-4; (4) sealing and delivering poll lists and votes, § 17-13-6; (5) certifying votes and filing…”

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