State Summary

In 2026, Alabama enacted Act No. 2026–433, the state’s first law requiring post-election audits. Previously, Act No. 2021–46 authorized, but did not require, the secretary of state to conduct a one-time post-election audit after the November 2022 statewide general election. Under Alabama’s new law, a post-election audit must be conducted after every countywide and statewide general election. Precincts and contests to be audited are chosen by the county canvassing board. The judge of probate also has the ability to order additional audits. The results of the audit are to “determine the accuracy of the originally reported results of the election.” Furthermore, each judge of probate publishes an audit report that identifies problems, discrepancies, along with the cause of each, and recommendations for remedial or corrective action.

Unless otherwise specified, statutory references are to Act No. 2024–433.

Voting Systems Used

Alabama uses hand-marked paper ballots and optical scanners statewide, with ballot marking devices for accessibility. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

Ballots, excluding absentee and provisional ballots, from one precinct for a race that is not eligible for a recount, are subject to audit. A judge of probate may also order audits of additional contests and precincts.

Transparency

The judge of probate must give public notice of the date, time, and location of the audit in a newspaper or on the county’s official website. Poll watchers may observe the audit in the same way they observe other election processes. Accredited members of the media are permitted to be present and observe the audit being performed, though there are no mentions of the ability to verify ballot marks. The judge of probate must report the findings to the secretary of state, who must post the post-election audit results on the official website of the secretary of state.  

Audit Counting Method

The judge of probate may conduct the post-election audit by manual tally or by use of ballot counters, provided that at least 30 randomly selected ballots are individually, manually examined and compared to the ballot counter result for each selected ballot.

Type Of Audit Units

The statute specifies precincts as the audit unit.

Contests & Issues Audited

After every countywide and statewide general election, the judge of probate orders an audit of all ballots, excluding absentee and provisional ballots, from one precinct for a countywide or statewide race. Contests that are subject to a recount are not eligible for audit. The judge of probate may also order an audit of additional precincts and races.

Addressing Discrepancies

The statute provides no statutory guidance for expanding the audit. The official report regarding the audit must incorporate the following details: An account detailing any issues or variances discovered, a summary of the probable origins for such complications, and guidance on necessary measures for remediation or correction.

Timeline

At noon of the second Friday after any county and statewide general election, the county canvassing board selects at least one precinct to audit. The judge of probate selects the date, time, and place of meeting for the audit. The post-election audit must commence no earlier than 31 days following the relevant elections or the expiration of the time period for filing an election contest, whichever is less, and must be completed within 30 days of commencement. The secretary of state must report all findings of the post-election audit to the governor and the legislature within 30 days of receipt of the audit’s report.

Binding On Official Outcomes

Results are not binding on official outcomes since Alabama’s post-election audit occurs after election results are certified.

Oversight & Conduct

The judge of probate of each county oversees their respective audits and appoints an inspector and the appropriate number of other poll workers required to complete the audit in the same manner as for any other election. The canvassing board from each county selects at least one precinct and at least one statewide or countywide race to be audited by the judge of probate. The secretary of state may adopt rules and prescribe forms to implement the audit.

Ballot Protection

To begin the audit process, the voted ballot containers subject to audit must be delivered, unopened and sealed in their original containers, along with necessary election materials, including electronic data, to the appointed inspectors.

At the conclusion of the audit, the ballots are returned to their original containers and sealed. All other election material, oaths, testing material, and orders related to the audit must be placed in a separate container labeled “Record of Audit.” The inspector and other poll workers must then sign and return the containers to the appropriate authority for materials related to the audit.

Additional Targeted Samples

The judge of probate may also order an audit of additional precincts and races.

Resources

Act No. 2026–433: Audit law

Ala. Code § 17-12-12: Ballot protection

Last updated: June 10, 2026