Code of Alabama

Ala. Code § 17-8-5 (2026)

Political Parties Furnish Lists from Which Appointments Are Made.

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

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(a) Each political party or organization having made nominations, by the chair of its state or county executive committee or nominees for office may furnish the appointing board a list of names of recommended precinct election officials from qualified electors for each county not later than 45 days before the election. From the lists provided, one inspector and at least three clerks shall be appointed for each county from members of opposing political parties, if practicable. If there are more than two lists filed, the appointments shall be made from the lists presented by the two political parties having received the highest number of votes in the state in the next preceding regular election, if each of the parties presents a list.

(b) If no lists are furnished, the appointing board shall appoint an inspector and at least three clerks for each voting place from the qualified electors of the county from members of opposing political parties, if practicable.

(Code 1896, §1595; Code 1907, §352; Code 1923, §442; Code 1940, T. 17, §125; §17-6-6; amended and renumbered by Act 2006-570, p. 1331, §41; Act 2021-377, §1.)

Notes of Decisions

Cited in 5 cases, 1980–2008 · leading case: McMillian v. Monroe Cnty., 520 U.S. 781 (1997).

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McMillian v. Monroe Cnty., 520 U.S. 781 (1997). “See Ala. Code § 17-8-5 (1995). *800 Traditionally, Alabama sheriffs have had autonomy to formulate and execute law enforcement policy within the geographic confines of their counties.”

The New All. Party of Alabama Michael Jeter & Nathaniel Ivory v. Perry A. Hand, Sec'y of State for the State of Alabama, 933 F.2d 1568 (11th Cir. 1991). “Ala.Code §§ 17-8-5 and 17-8-20 govern the procedures for voting for a person whose name does not appear on the ballot.”

Roper v. Rhodes, 988 So. 2d 471 (Ala. 2008). “…types of elections, only general elections permit write-in candidates. See §§ 17-6-27 and 17-7-21(b)(8) (formerly §§ 17-8-5 and 17-24-3(b)(8)) for general elections and § 11-46-25(g) and (h) for mayor-council elections. Therefore, only in general elections are unopposed…”

Wood v. Booth, 990 So. 2d 314 (Ala. 2008). “…types of elections, only general elections permit write-in candidates. See §§ 17-6-27 and 17-7-21(b)(8) (formerly §§ 17-8-5 and 17-24-3(b)(8)) for general elections and § 11-46-25(g) and (h) for mayor-council elections. Therefore, only in general elections are unopposed…”

Whig Party of Alabama v. Siegelman, 500 F. Supp. 1195 (N.D. Ala. 1980). “§ 17-8-5 Code of Alabama of 1975. A candidate’s name, under Alabama law, may appear but one time on the ballot.”

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