Student Voting Project | Alabama

Voting at School

ID Requirements

Alabama requires all voters to show either photoidentification--such as a U.S. passport, driver's license, or student ID card fromany school within the state--or a form of non-photo identification that contains the voter's name and address. Acceptable non-photo identification includes utility bills, bank statements, government checks, paychecks, Social Security cards, birth certificates, and Alabama hunting or fishing licenses. All absentee voters must submit a copy of their identification with their ballot. Voters without ID can vote provisionally, but in order to have your ballot counted, you have to show ID at the board of registrars by 5:00 pm the Fridayafter the election. You can also vote a regular ballot if two election officials vouch for your identity.

The Secretary of State's office has indicated that online printouts of utility bills should be accepted as identification. Cellular telephone bills probably won't be accepted. Housing bills from public universities will likely be accepted as an official government document for purposes of identification.

Registration Requirements

Voter registration is closed for the ten days before an election in Alabama, so you must register at least eleven days before Election Day. Mail-in registration forms must be postmarked by that deadline. Students who leave home to attend school are expressly allowed to register to vote using their home address.

All public universities in Alabama are obligated to provide mail-in registration forms on campus. Private universities usually have no obligation under state law to distribute registration forms (although in some circumstances, they may be required to distribute them under the federal Higher Education Act), but they can get forms from the office of the Secretary of State for distribution.

tion forms on campus. Private universities usually have no obligation under state law to distribute registration forms (although in some circumstances, they may be required to distribute them under the federal Higher Education Act), but they can get forms from the office of the Secretary of State for distribution.

Residency Requirements

Alabama law says you mayregister to vote in Alabama if you are "domiciled" in the state. Domicile is defined in Alabama as physically living at a particular place with the intent to remain there permanently, or for an indefinite lengthof time. Under Alabama law, you retain your original domicile until intentionally abandoning it and acquiring a new one. Your intent to change domicile is the key factor in determining whether you've established a new one. 

While these formal rules might be hard for students to meet, registering to vote in Alabama creates a presumption of Alabama domicile, and the Secretary of State's office has indicated that that should be enough to establish voting residency. County registrars make the final determination of each person's residency, however, and have a lot of discretion to decide each case. A person's residency is considered "an individual question of fact to be determined by the board of registrars basedon all the surrounding circumstances of each individual case." Some factors that the registrars can consider include whether you own real orpersonal property in the state, have an Alabama driver's license, are employed in Alabama, are a member of social and civil organizations in Alabama, and/or have an Alabama-based bankaccount

If the board of registrars refuses your registration application on the basis of your residency, they must give you a specific reason for their denial within 10 days.You have the right to appeal the denial within 30 days in the local probate court.

Your eligibility to vote can also be challenged at the polls, but only by an inspector (that is, an official poll worker). If an inspector challenges your eligibility, you will have to vote a provisional ballot. The inspector will have to sign a statement under penalty of perjury saying why he or she thinks you are ineligible, and you are entitled to a copyof that statement. You should also get a letter after the election from the county board of registrars explaining how you can respond to the challenge, which you will have to do within one week of the election.

There is no explicit rule stating that residence for driver's licensing is the same as residence for voting purposes, but given that registering to vote indicates an intention to change domicile, students who are driving in the state are likely obligated to update their license information to reflect their new residence. The motor vehicle code requires new Alabama residents to get an Alabama driver's license within 30 days i fthey are driving in the state. Similarly, you have 30 days to register your car if you are driving it in Alabama.

Absentee Requirement

You are entitled to vote absentee if you attend school outside of your county, provided that you are registered to vote. To vote absentee, you must submit a request form (available online at the Secretary of State’s website) to county election officials; the request must be received at least five days before Election Day.

Your absentee ballot must be returned with a signed affidavit that is either notarized or signed by two witnesses over the age of 18. Your ballot must also be returned with a copy of voter identification that meets the rules detailed above. If you return your absentee ballot by mail, it must be postmarked no later than the day before Election Day and received no later than noon on Election Day; if your ballot is hand-delivered, it must be received before the county office closes or by 5:00, whichever is earlier, on the day before the election.

Voting at Home

ID Requirements

Alabama requires all voters to show either photo identification--such as a U.S. passport, driver's license, or student ID card fromany school within the state-or a form of non-photo identification that contains the voter's name and address. Acceptable non-photo identification includes utility bills, bank statements, government checks, paychecks, Social Security cards, birth certificates, and Alabama hunting or fishing licenses. Allabsentee voters must submit a copy of their identification with their ballot. Voters without ID can vote provisionally, but in order to have your ballot counted, you have to show ID at the board of registrars by 5:00 pm the Friday after the election. You can also vote a regular ballot if two election officials vouch for your identity.

The Secretary of State's office has indicated that online printouts of utility bills should be accepted as identification. Cellular telephone bills probably won't be accepted. Housing bills from public universities will likely be accepted as an official government document for purposes of identification.

Registration Requirements

Voter registration is closed for the ten days before an election in Alabama, so you must register at least elevendays before Election Day.Mail-in registration forms must be postmarked by that deadline. Students who leave home to attend school are expressly allowed to register to vote using their home address.

All public universities in Alabamaare obligated to provide mail-in registration forms on campus. Private universities usually have no obligation under state law to distribute registration forms (although in somecircumstances, they may be required to distribute them under the federal HigherEducation Act), but they can get forms from the office of the Secretary of State for distribution.

tion forms on campus. Private universities usually have no obligation under state law to distribute registration forms (although in some circumstances, they may be required to distribute them under the federal HigherEducation Act), but they can get forms from the office of the Secretary of State for distribution.

Residency Requirements

Alabama law says you may register to vote in Alabama if you are "domiciled" in the state. Domicile is defined in Alabama as physically living at a particular place with the intent to remain there permanently, or for an indefinite length of time. Under Alabama law, you retain your original domicile until intentionally abandoning it and acquiring a new one. Your intent to change domicile is the key factor in determining whether you've established a new one. 

While these formal rules might be hard for students to meet, registering to vote in Alabama creates a presumption of Alabama domicile, and the Secretary of State's office has indicated that that should be enough to establish voting residency. County registrars make the final determination of each person's residency, however, and have a lot of discretion to decide each case.  A person's residency is considered "an individual question of fact to be determined by the board of registrars based on all the surrounding circumstances of each individual case." Some factors that the registrars can consider include whether you own real or personal property in the state, have an Alabama driver's license, are employed in Alabama, are a member of social and civil organizations in Alabama, and/or have an Alabama-based bank account.

If the board of registrars refuses your registration application on the basis of your residency, they must give you a specific reason for their denial within 10 days.You have the right to appeal the denial within 30 days in the local probate court.

Your eligibility to vote can also be challenged at the polls, but only by an inspector (that is, an official poll worker). If an inspector challenges your eligibility, you will have to vote a provisional ballot.  The inspector will have to sign a statement under penalty of perjury saying why he or she thinks you are ineligible, and you are entitled to a copy of that statement.  You should also get a letter after the election from the county board of registrars explaining how you can respond to the challenge, which you will have to do within one week of the election.

There is no explicit rule stating that residence for driver's licensing is the same as residence for voting purposes, but given that registering to vote indicates an intention to change domicile, students who are driving in the state are likely obligated to update their license information to reflect their new residence.  The motor vehicle code requires new Alabama residents to get an Alabama driver's license within 30 days if they are driving in the state.  Similarly, you have 30 days to register your car if you are driving it in Alabama.

Absentee Requirement

You are entitled to vote absentee if you attend school outside of your county, provided that you are registered to vote. To vote absentee, you must submit a request form (available online at the Secretary of State's website) to county election officials; the request must be received at least five days before Election Day.

Your absentee ballot must be returned with a signed affidavit that is either notarized or signed by two witnesses over the age of 18. Your ballot must also be returned with a copy of voter identification that meets the rules detailed above. If you return your absentee ballot by mail, it must be postmarked no later than the day before Election Day and received no later than noon on Election Day; if your ballot is hand-delivered, it must be received before the county office closes or by 5:00, whichever is earlier, on the day before the election.

[1] See Mitchell v. Kinney, 242 Ala. 196, 203 (1942); Ala. Op. Att'y Gen. No. 2005-051 (2005).

[2] Kinney, 242 Ala. at 203.

[3] Ala. Code § 17-3-32 (2007).

[4] Kinney, 242 Ala. at 203.

[5] 215 Ala. Op. Att'y Gen. 21 (1989); Interview with Janus McDonald, Elections Director, & Ed Packard, Supervisor of Voter Registration, Office of the Alabama Secretary of State (Apr. 23, 2008).

[6] 200 Ala. Op. Att'y Gen. 13 (1985).

[7] See 215 Ala. Op. Att'y Gen. 21 (1989).

[8] Ala. Code § 17-3-54 (2007).

[9] Id. § 17-3-55.

[10]Id. § 17-10-2 (a)(2)

[11] 17-10-2 (e)

[12] Id. § 32-6-1(a)

[13] Id. 40-12-262 (a)

[14] Ala. Code § 17-3-50 (2007).

[15] Id. § 17-3-59.

[16] Alabama Secretary of State, "National Voter Registration Act," at http://www.sos.alabama.gov/Elections/NatlVoterRegAct.aspx (last visited July 12, 2008).

[17] Id. § 17-9-30.

[18] Id. § 17-10-2 (a)(3)

[19] Id.§ 17-9-30 (f)

[20] Interview, supra note 5; correspondence with Office of the Alabama Secretary of State (July 23, 2008).

[21] Ala. Code § 17-11-3(a)(4)

[22] Ala. Code § 17-11-3(a)

[23] Ala. Code § 17-11-9

[24] Ala. Code § 17-11-18