If a precinct ballot counter malfunctions, the polls shall remain open and voters shall deposit their ballots in a ballot box or other suitable container. The inspector shall notify the custodian, who shall maintain a public list of all voting places in which equipment failure has occurred. After the polls close, the ballot box shall be opened and the ballots counted either by hand, as described in Sections 17-12-2 and 17-12-6, or by feeding the ballots into an operable hand precinct ballot counter. Poll watchers of opposing interests and members of the media, if any are present, shall be permitted to witness this process. Where precinct counting equipment is programmed to return ballots containing over-votes, any such ballot returned during a post-election count must be counted by hand following the rules for ballots. The results of this hand count shall be added to the certificate of results, and the ballots shall be bound separately and returned with the other ballots.
Structure Code of Alabama
Chapter 12 - Canvassing Returns/declaring Results.
Section 17-12-1 - Conclusion of Voting; Locking of Equipment; Certificates of Result.
Section 17-12-2 - Statements of Results.
Section 17-12-4 - Procedures Upon Malfunction of Equipment.
Section 17-12-5 - Retest of Equipment.
Section 17-12-6 - Counting Upon Close of Polls.
Section 17-12-7 - Preservation of Ballots by Sheriff.
Section 17-12-9 - Delivery of Certificates to Judge of Probate; Forwarding to Secretary of State.
Section 17-12-10 - Posting of Certificate of Result.
Section 17-12-11 - Returns of Election - How Made; Duty of Judge of Probate.
Section 17-12-12 - Returns of Election - Sealing, Delivery, and Disposition of Records.
Section 17-12-13 - Procedure; Improperly Marked Ballots.
Section 17-12-14 - Ballots to Be Counted, Labeled, Sealed, and Delivered to Returning Officer.
Section 17-12-15 - Time and Manner of Canvassing.
Section 17-12-16 - Certification of Results.
Section 17-12-17 - Canvass of Election Returns by State Officials.
Section 17-12-18 - Governor Proclaims Result of Certain Elections.
Section 17-12-19 - Returns of Election of State Officers.
Section 17-12-20 - List of Registered Voters Open to Inspection.
Section 17-12-21 - Certificates of Election to Members of Congress and Legislators.
Section 17-12-22 - Results of Election of State Officers; Resolution of Tie Votes.
Section 17-12-23 - How Tie Vote Decided.