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HB95 • 2026

Elections; post election audit required

Elections; post election audit required

Elections Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Lovvorn
Last action
2026-04-13
Official status
Enacted
Effective date
2026-04-13

Plain English Breakdown

The law allows counties to audit additional precincts beyond the minimum requirement but does not specify how many.

Alabama Post-Election Audit Act

This law requires county judges of probate to manually check at least 30 ballots in one precinct after every general election to verify the accuracy of voting machine results.

What This Bill Does

  • Requires each judge of probate to audit all ballots for at least one race and one precinct selected by the county canvassing board after every general election.
  • Sets rules that audits must start no earlier than 31 days after an election or when contest deadlines expire, whichever is sooner, and finish within 30 days of starting.
  • Mandates that at least 30 ballots be manually examined and compared to machine results for each selected ballot during the audit.
  • Requires inspectors and poll watchers to attend the audit in public view, with media members also permitted to observe.
  • Orders county officials to send a report of findings to the Secretary of State, who must post results online and share them with the Governor and Legislature.

Who It Names or Affects

  • Judges of probate in every Alabama county
  • County canvassing boards that select which precincts and races to check
  • The Secretary of State's office, the Governor, and the Legislature
  • Poll workers, inspectors, poll watchers, and media members

Terms To Know

Judge of probate
A county official in Alabama responsible for ordering and conducting post-election audits.
Canvassing board
A group that reviews election results and selects which precincts to audit under this law.
Poll watcher
An observer allowed by the state to watch voting or counting processes, including audits.

Limits and Unknowns

  • The specific rules and forms needed to run these audits are still being created by the Secretary of State.
  • Audits exclude absentee and provisional ballots from the selected precinct count.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HG2B766-1

R 2

Adopted

Plain English: This amendment requires every Alabama county to check the accuracy of election results by manually counting ballots from one randomly chosen voting area after each general election.

  • County judges must order an audit of all ballots in at least one precinct and one race selected at random for every county or statewide general election.
  • The audit cannot start until 31 days after the election ends, but it must be finished within 30 days once it begins.
  • Judges will hire poll workers to count votes by hand or with machines, while ensuring that at least 30 ballots are checked individually against machine results.
  • The state government will pay for all costs related to these audits and publish the final reports online.
  • This text does not explain what happens if the audit finds a major error or changes the election winner.
  • The specific rules for how poll workers are paid beyond referencing other laws are not detailed in this document.
L5II7YA-1

R 3

Failed

Plain English: This amendment changes how election officials choose a location for an audit by requiring them to randomly pick at least one voting area from all available areas.

  • Officials must select at least one precinct for the post-election audit.
  • The provided text is incomplete and cuts off mid-sentence, so it does not explain how the random selection process works or what happens after a precinct is chosen.
  • Because the amendment failed in the House, these changes were never made into law.
KHBVC55-1

Ways and Means General Fund

Reported Out Committee House of Origin-- Committee Amendment

Plain English: This amendment changes the rules for when a post-election audit must start and how long it can take to finish.

  • The audit cannot begin until at least 31 days after the general election or until the time to file an election contest ends, whichever happens sooner.
  • This text only shows a change to one specific section of the bill and does not explain what other parts of the original law say about audits.
  • The exact meaning of 'whichever is less' in this context depends on how long it takes for election contest deadlines to expire, which varies by situation.
84687HH-1

V • Hovey

Adopted

Plain English: This amendment changes how election audits are run by requiring officials to pick specific races and precincts, allowing them to reuse past workers or hire new ones, and setting a minimum number of ballots to check.

  • Officials must choose one countywide or statewide race for the audit instead of using other selection methods.
  • The person in charge must select at least one voting precinct to be part of the audit process.
  • Judges can use workers who already helped with a recent general election, but they are allowed to hire new inspectors if needed.
  • At least 30 ballots from the selected area must be checked individually during the review.
  • The provided text is incomplete and cuts off mid-sentence on page 4, so some details about hiring rules or other requirements are missing.
  • Because parts of the original bill were not included in this amendment list, it is unclear what specific changes these new lines replace.

Bill History

  1. 2026-04-13 House

    Enacted

  2. 2026-04-08 Senate

    Gudger Motion to Concur In and Adopt Executive Amendment - Adopted Roll Call 1229 (Yeas 26, Nays 0)

  3. 2026-04-08 House

    Signed by Governor

  4. 2026-04-07 House

    Lovvorn Motion to Concur In and Adopt Executive Amendment - Adopted Roll Call 1253 (Yeas 96, Nays 0)

  5. 2026-04-07 House

    Pending with Executive Amendment

  6. 2026-03-31 Senate

    Motion to Read a Third Time and Pass - Adopted Roll Call 1000 (Yeas 22, Nays 7)

  7. 2026-03-31 Senate

    Petition To Close Debate- Adopted Roll Call 999 (Yeas 24, Nays 6)

  8. 2026-03-31 Senate

    Third Reading in Second House (Yeas 25, Nays 6)

  9. 2026-03-31 House

    Delivered to Governor

  10. 2026-03-31 Senate

    Signature Requested

  11. 2026-03-31 House

    Enrolled

  12. 2026-03-31 House

    Ready to Enroll

  13. 2026-03-31 Senate

    Hovey motion to Table - Adopted Voice Vote

  14. 2026-03-31 Senate

    Finance and Taxation General Fund 1st Amendment Offered

  15. 2026-02-25 Senate

    Read for the Second Time and placed on the Calendar

  16. 2026-02-25 Senate

    Reported Out of Committee Second House

  17. 2026-02-25 Senate

    Finance and Taxation General Fund 1st Amendment

  18. 2026-01-15 House

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 4 (Yeas 72, Nays 25)

  19. 2026-01-15 House

    Motion to Adopt - Lost Roll Call 3 (Yeas 29, Nays 73)

  20. 2026-01-15 House

    Motion to Adopt - Adopted Roll Call 2 (Yeas 83, Nays 3)

  21. 2026-01-15 House

    Third Reading in House of Origin (Yeas 79, Nays 9)

  22. 2026-01-15 Senate

    Pending Committee Action in Second House

  23. 2026-01-15 Senate

    Read for the first time and referred to the Senate Committee on Finance and Taxation General Fund

  24. 2026-01-15 House

    Engrossed

  25. 2026-01-15 House

    McCampbell 1st Amendment Offered

  26. 2026-01-15 House

    Ways and Means General Fund Engrossed Substitute Offered

  27. 2026-01-14 House

    Read for the Second Time and placed on the Calendar

  28. 2026-01-14 House

    Reported Out of Committee House of Origin

  29. 2026-01-14 House

    Reported Out Committee House of Origin-- Committee Amendment

  30. 2026-01-13 House

    Pending Committee Action in House of Origin

  31. 2026-01-13 House

    Read for the first time and referred to the House Committee on Ways and Means General Fund

Official Summary Text

This act is the Alabama Post-Election Audit Act. This act: (1) requires the judge of probate of each county to audit at least one countywide or statewide race in at least one precinct as selected by the county canvassing board after each general election; (2) establishes the procedures for such audits, including that the audit shall begin not later than 31 days after the election, be done in the presence of an inspector and poll watchers, and at least 30 ballots shall be manually compared to ballot counter results; and (3) requires the Secretary of State to report audit findings to the Governor and Legislature.

Current Bill Text

Read the full stored bill text
HB95 ENROLLED
Page 0
HB95
HG2B766-4
By Representative Lovvorn
RFD: Ways and Means General Fund
First Read: 13-Jan-26
PFD: 17-Dec-25
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HB95 Enrolled
Page 1
PFD: 17-Dec-25
Enrolled, An Act,
Relating to elections; to require the judge of probate
of each county to conduct a post-election audit after every
county and statewide general election to determine the
accuracy of the originally reported results of the election.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This section shall be known and may be
cited as the Alabama Post-Election Audit Act.
(b)(1) Notwithstanding any other law to the contrary,
the judge of probate of each county shall order a
post-election audit, after every countywide and statewide
general election, of all ballots in one precinct of a
countywide or statewide race selected by the canvassing board
of each county as further provided in subdivision (2), which
appeared on the ballot and which is not subject to a recount.
Nothing in this section shall prohibit the judge of probate
from ordering the audit of additional precincts and races. The
order shall include the name of the precincts and the races to
be audited. The order shall authorize the sheriff or other
county authority to provide access to the ballot containers
along with any other necessary election materials, including
electronic data.
(2) The canvassing board of each county , at noon on
the second Friday after any county and statewide general
election, shall select at least one precinct, excluding
absentee and provisional ballots, and at least one statewide
or countywide race to be audited by the judge of probate.
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or countywide race to be audited by the judge of probate.
(3) The judge of probate, at noon on the second Friday
after any county and statewide general election, shall select
the date, time, and place of meeting to conduct the
post-election audit and shall appoint 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
judge of probate may use an inspector or any poll worker that
was previously appointed to work during the current statewide
general election. If the judge of probate appoints any new
inspector or poll worker, the notification and publication of
these appointments shall be in the same manner as provided in
Section 17-8-2, Code of Alabama 1975. Compensation for poll
workers shall be the same as provided in Section 17-8-12, Code
of Alabama 1975.
(4) To begin the audit process, the voted ballot
containers subject to the audit shall be delivered, unopened
and still sealed in the original containers, to the inspectors
in charge of the audit by the custodian of the ballot
containers along with any other necessary election materials,
including electronic data.
(5) The post-election audit shall commence no earlier
than 31 days following the statewide general election or the
expiration of the time period for filing an election contest,
whichever is less, and shall be completed within 30 days of
commencement.
(6) At the conclusion of the audit, the ballots shall
be returned to their original containers and sealed. All other
documents and materials related to the audit, including, but
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documents and materials related to the audit, including, but
not limited to, inspector and poll worker oaths, poll watcher
oaths, seals and testing materials for any tabulator used in
the audit, and copies of orders of the probate court related
to the audit shall be placed in a separate container labeled
"Record of Audit." The inspector and other poll workers shall
sign the containers and return them to the appropriate
authority for storage with other records related to the
audited election. The judge of probate shall report the
findings to the Secretary of State, who shall make all results
from the post-election audit public by posting the results on
the official website of the Secretary of State.
(7) The post-election audit report shall include all of
the following:
a. A description of any problems or discrepancies
encountered.
b. A description of the likely cause of any problems or
discrepancies encountered.
c. Recommendations for corrective or remedial actions.
(8) The Secretary of State shall report all findings of
the post-election audit to the Governor and the Legislature
within 30 days of receipt of the audits.
(9) Poll watchers shall 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. The judge of probate shall give notice
to the public of the date, time, and location of the audit by
publication in a newspaper of general circulation in the
county or on the county's official website. Accredited members
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county or on the county's official website. Accredited members
of the media shall be permitted to be present and observe the
audit being performed.
(10) The judge of probate may conduct the post-election
audit by manual tally or by use of ballot counters, provided
that at least 30 selected ballots are individually, manually
examined and compared to the ballot counter result for each
selected ballot.
(c) All expenses incurred by any county as a result of
the audit shall be reimbursed in full by the Comptroller.
(d) The Secretary of State may adopt rules and
prescribe forms to implement this section.
Section 2. This act shall become effective immediately.
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HB95 Enrolled
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Section 2. This act shall become effective immediately.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 15-Jan-26, as amended and was passed
again as amended by Executive Amendment 07-Apr-26.
Yeas 96, Nays 0, Abstains 8
John Treadwell
Clerk
Senate 31-Mar-26 Amended and Passed
House 07-Apr-26 Concurred in Senate
Amendment
Senate 08-Apr-26 Passed, as amended by
Executive Amendment
Yeas 26, Nays 0,
Abstains 1
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