(a) Any person with standing to contest a municipal election may petition the canvassing authority for a recount of any or all precinct returns. The time period for requesting a recount ends 48 hours after the official canvass of returns by the municipal governing body. The petitioner must be prepared to pay the cost of the recount and must be required to give security to cover these costs in an amount as determined by the municipal governing body based upon an estimate of actual costs. The recount must be conducted under the supervision of a trained and certified poll official. Representatives of opposing interests shall be given at least 24 hours' notice and shall be invited to participate in the recount.
(b) The recount shall be conducted as simply as the type of equipment and local conditions permit provided that the following minimum safeguards shall be observed:
(1) The box or envelope holding the ballots shall be delivered unopened to the inspector in charge of the recount.
(2) A representative of the municipality shall be present during the recount.
(3) Where ballots are counted by hand, representatives of opposing interests have the right to participate in the hand count, and any unresolved disputes over the interpretation of the voter's intent may be appealed to the municipal governing body.
(c) When the recount has been completed, the ballots shall be returned to their container along with a copy of the recount results. The ballot container shall be sealed and signed by the inspector conducting the recount and by the representative of the authority having custody of the ballots.
(d) If the recount produces a change in precinct totals of sufficient magnitude to alter the result of the election, the outcome shall constitute grounds for an election contest as now prescribed by law. If the recount of the resulting contest alters the result of the election, the cost of the recount shall be borne by the municipality.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government.
Section 11-46-21 - Time of Elections; Notice; Assumption of Duties by Elected Officers.
Section 11-46-22 - Notice of Elections.
Section 11-46-24 - Designating and Equipping Voting Places; Election Officials; Canvass Returns.
Section 11-46-25 - Ballots; Statements of Candidacy; Withdrawal of Candidacy.
Section 11-46-26 - Proceedings Where Only One Candidate or Nominee for Office.
Section 11-46-27 - Appointment, Compensation, etc., of Election Officers.
Section 11-46-29 - Appointment of Election Officers Upon Failure of Others to Attend Polls.
Section 11-46-32 - Election Supplies.
Section 11-46-33 - Duties of Clerk as to Voting Machines.
Section 11-46-34 - Voting Booths.
Section 11-46-40 - Assistance of Disabled Electors Generally.
Section 11-46-43 - Right of Secret Ballot; Write-in Voting Prohibited.
Section 11-46-49 - Election Officers for Voting Machines; Duties.
Section 11-46-56 - Absentee Ballots - Eligibility.
Section 11-46-58 - Absentee Ballots - Marking, Posting, etc., of Lists of Applicants.
Section 11-46-59 - Offenses of Mayor and Other Executive Officers.
Section 11-46-60 - Offenses of Clerks.
Section 11-46-61 - Offenses of Election Officers Generally.
Section 11-46-62 - Offenses of Inspectors.
Section 11-46-63 - Failure of Returning Officer to Deliver Statement of Votes and Poll List.
Section 11-46-64 - Deception of Disabled Voters by Marker, Etc.
Section 11-46-65 - Drinking of Intoxicating Liquors by Watcher.
Section 11-46-67 - Offenses of Electors.
Section 11-46-68 - Miscellaneous Offenses.
Section 11-46-69 - Contest of Elections - Grounds; Commencement of Action.
Section 11-46-70 - Contest of Elections - Trial; Entry of Judgment.
Section 11-46-71 - Annulment of Elections.
Section 11-46-72 - Procedure Where Election Not Held on Day Appointed.
Section 11-46-73 - Provisions of Article as to Offenses Cumulative.
Section 11-46-74 - Use of Election Dates Established by Classification Act or Local Act.