MONTGOMERY — The Alabama House of Representatives advanced legislation for the second year in a row to mandate post-election audits in statewide elections on Tuesday.
Despite receiving broad support from lawmakers and the state Republican Party, the bill has failed to pass in the previous two legislative sessions. Last year, nearly identical legislation passed the House but could not get a hearing on the Senate floor.
This year's version, House Bill 30 (HB30), requires the probate judge of each county to order a post-election audit after every county and statewide general election of all ballots in one precinct of a countywide or statewide race, selected by the canvassing board of each county, so long as that election is not subject to a recount.
State Rep. Debbie Wood (R-Valley), the bill's sponsor, said the bill's purpose was to verify the accuracy of voting tabulators.
The bill was initially filed in 2023 after Angela Shepherd, a Lee County resident and former poll watcher who assisted in advancing the legislation, encountered issues with the voting machines.
During the 2022 election cycle, a video shot by Shepard went viral of a tabulation machine accepting multiple copies of the same rough-cut paper ballot during a public test.
Wood presented the bill before the House on Tuesday but received pushback mainly from Democratic lawmakers who bemoaned its perceived gratuitousness.
“The post-election audit is not a recount, but a measure to ensure that the DS-200 tabulators that process the paper ballots are working properly,” Wood said. “Post-election audits ensure public confidence in the election process, and the company that produces the tabulators even recommends that counties and states have audits. Audits increase transparency and demonstrate that elections are fair and accurate.”
State Rep. Berry Forte (D-Eufaula) objected to the bill for its perceived cost, which is estimated at $35,000 total cost to the state, which is to be reimbursed to each county. Forte said the probates in the three counties in his district told him it was a “bad bill.”
“I’m going to vote against the bill,” Forte said. “They done told me, I’ve done had conversations with all three of them, and they said, ‘vote no, no, no.’ And I hate to do that on account of you sponsoring it.”
State Rep. Troy Stubbs (R-Wetumpka), former chairman of the Elmore County Commission, endorsed the bill.
“Obviously, elections are important,” Stubbs said. “Our probate judge and other election officials, sheriff and others, find that it’s very important to secure our elections, and I appreciate you bringing this bill.”
House Majority Whip Brock Colvin (R-Albertville) joined Stubbs in applauding the bill, stressing the importance of elections and saying HB 30 would “strengthen” them.
State Rep. Reed Ingram (R-Pike Road) offered an amendment that was accepted by the body. The amendment changes “may” to “shall” in the section that reads, “Poll watchers may attend and observe the post-election audit in the same manner as for any other election, and appointments shall be made in the same manner as any general election.”
Democrats were not the only ones to oppose the bill. State Rep. Bob Fincher (R-Woodland) also criticized it for its perceived ineffectiveness.
“By the time you pick one precinct and one race in that precinct, if there was some illegitimacy to the election, the odds of your stumbling upon it would be very, very rare.”
He continued, “I just wonder how useful it’s going to be to pick one precinct and one race out of one precinct. And if you did have some dishonesty, I’m not sure you’d be able to find it.”
Despite the mild protests, the bill ultimately passed with a vote of
In addition to Fincher, the only other Republicans who voted against the bill were State Reps. Ivan Smith (R-Prattville) and Tim Wadsworth (R-Arley).
The bill requires the canvassing board of each county to randomly select one precinct, excluding absentee and provisional ballots, at noon on the second Friday after any county and statewide general election, and either one statewide or countywide race to be audited by the judge of probate.
The committee amendments require the post-election audit to be conducted and completed by the time election returns are required to be sent to the Secretary of State for certification.
The initial bill stated, "The judge of probate may conduct the post-election audit by manual tally or by use of precinct ballot counters or other counters previously tested, certified, and sealed according to the procedures for testing and certification of precinct ballot counters prior to the election. The ballot counter or counters shall have been sealed and not used for voting during the election subject to the audit."
The amended bill allows the audit to be done by manual tally or by use of ballot counters, provided that at least 30 randomly selected ballots are individually and manually examined and compared to the ballot counter result.
To begin the audit process, the custodian of the ballot containers will deliver unopened and sealed ballot containers, along with any other necessary election materials, in their original containers to the inspectors in charge of the audit.
The results would then be delivered to the secretary of state and posted on the office's official website. The posted results would describe any discrepancies discovered and any corrective recommendations.
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