2006 Alabama Code - Section 17-9-3 — Referendum on adoption of voting machines.

The county commission of any county, may, upon their own motion, submit to the qualified electors of the county, at any general, special or primary election, the question, "Shall voting machines be used in the County of _____?" The city commission may, upon their own motion, submit to the qualified electors of the city, at any general, special, primary or municipal election, the question, "Shall voting machines be used in the City of _____?" The county commission, upon the filing of a petition with them signed by qualified voters of the county equal in number to at least five percent of the total number of electors who voted in said county at the last preceding general, special or primary election, but in no case less than 50, unless the total number of electors who voted therein at the last preceding general, special or primary election was less than 100, in which case one half of the number voting shall be sufficient, shall, at the next general, special or primary election occurring at least 30 days thereafter, submit to the qualified electors of such county, the question, "Shall voting machines be used in the County of _____?" The city commission, upon the filing of a petition with them signed by qualified electors of the city equal in number to at least five percent of the total number of electors who voted in said city at the last preceding general, special, primary or municipal election, but in no case less than 50, unless the total number of electors who voted therein at the last preceding general, special, primary or municipal election was less than 100, in which case one half of the number so voting shall be sufficient, shall, at the next general, special, primary or municipal election, occurring at least 30 days thereafter, submit to the qualified electors of such city, the question, "Shall voting machines be used in the City of _____?" The county commission or the city commission shall cause the said question to be printed upon the ballots to be used at the election, in the form and manner provided by the laws governing general, special, primary and municipal elections. The election on said question shall be held at the places, during the hours, and under the regulations provided by law for holding general, special, primary and municipal elections, and shall be conducted by the election officers provided by law to conduct such elections. The election officers shall count the votes cast at the election on said question, and shall make return thereof in county elections to the county commission, as required by law, and, in municipal elections, to the city commission, as required by law. Said returns shall be computed by the clerk of the county commission or by the city clerk, as the case may be, and, when so computed, a certificate of the total number of electors voting "yes" and of the total number of electors voting "no" on such question shall be filed in the office of the county commission in county elections, and in the office of the city commission in municipal elections; and copies of said certificates, certified by the respective governing bodies, shall forthwith be furnished to the Secretary of State. If a majority of the electors of any county, city or other political subdivision of the state, voting on such question, shall vote against the adoption of voting machines, no officers of said county, city or other political subdivision of the state shall authorize the use of voting machines nor shall the question again be submitted to the voters of such political subdivision within a period of two years. In the event a county, municipality or other political subdivision of the state shall vote in the majority, authorizing and directing the use of voting machines at elections as provided in the preceding sections, or in the event the county, municipality or other political subdivision of the state, through its proper officers, in pursuance of appropriate legislation, shall authorize and direct the use of voting machines at elections as herein otherwise provided, the county commission or city commission shall either purchase the necessary number of voting machines for said county, municipality or other political subdivision of the state under the conditions and requirements set out herein, or shall rent or lease the necessary number of voting machines for said county, municipality or other political subdivision of the state, with or without option to purchase said machines, at fair and reasonable rental or lease prices which shall not exceed 10 percent of the purchase price of said machines; or such county, municipality or other political subdivision may request the Department of Finance to acquire the requisite number of voting machines for it under the existing provisions of law; or such county, municipality or other political subdivision may make such request from any board, commission or authority of the state which may now or hereafter be provided by law.

(Acts 1939, No. 292, p. 443; Code 1940, T. 17, §93.)