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SB11 INTRODUCED
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SB11
PSTB5RG-1
By Senator Givhan
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 09-Jul-25
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PSTB5RG-1 06/16/2025 PMG (L)cr 2025-2011
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PFD: 09-Jul-25
SYNOPSIS:
Existing election law sets forth procedures for
state electors to cast votes for the President and Vice
President of the United States in accordance with the
intention of the voters of the state.
This bill would establish procedures in the
event a presidential elector fails to vote in
accordance with the voters of the state.
A BILL
TO BE ENTITLED
AN ACT
Relating to electoral voting; to establish the Alabama
Uniform Faithful Presidential Electors Act; to establish
procedures in the event a presidential elector fails to vote
in accordance with the voters of the state.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 17-14-30 through 17-14-37 of
Article 2 of Chapter 14 of Title 17, Code of Alabama 1975, are
designated as Division 1 of Article 2.
Section 2. Division 2, commencing with Section
17-14-40, is added to Article 2 of Chapter 14 of Title 17,
Code of Alabama 1975, to read as follows:
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Code of Alabama 1975, to read as follows:
§17-14-40
This division may be cited as the Alabama Uniform
Faithful Presidential Electors Act.
§17-14-41
As used in this division, the following words have the
following meanings:
(1) CAST. Accepted by the Secretary of State in
accordance with Section 17-14-46(b).
(2) ELECTOR. An individual selected as a presidential
elector under Division 1.
(3) PRESIDENT. The President of the United States.
(4) VICE PRESIDENT. The Vice President of the United
States.
§17-14-42
For each elector position in the state, a political
party contesting the position shall submit to the Secretary of
State the names of two qualified individuals. One of the
individuals shall be designated "elector nominee" and the
other "alternate elector nominee." Except as otherwise
provided in Sections 17-14-44 through 17-14-47, the state's
electors are the winning elector nominees as provided in
Section 17-14-31.
§17-14-43
Each elector nominee and alternate elector nominee of a
political party shall execute the following pledge: "If
selected for the position of elector, I agree to serve and to
mark my ballots for President and Vice President for the
nominees for those offices of the party that nominated me."
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nominees for those offices of the party that nominated me."
Each elector nominee and alternate elector nominee of an
unaffiliated presidential candidate shall execute the
following pledge: "If selected for the position of elector as
a nominee of an unaffiliated presidential candidate, I agree
to serve and to mark my ballots for that candidate and for
that candidate's vice presidential running mate." The executed
pledges must accompany the submission of the corresponding
names to the Secretary of State.
§17-14-44
In submitting the state's certificate of ascertainment
as required by 3 U.S.C. § 5, the Governor shall certify the
state's electors and affirm in the certificate that:
(1) The electors will serve as electors unless a
vacancy occurs in the office of elector before the end of the
meeting at which elector votes are cast, in which case a
substitute elector will fill the vacancy; and
(2) If a substitute elector is appointed to fill a
vacancy, the Governor will submit an amended certificate of
ascertainment stating the names on the final list of the
state's electors.
§17-14-45
(a) The Secretary of State shall preside at the meeting
of electors described in Section §17-14-46.
(b) The position of an elector not present to vote is
considered vacant. The Secretary of State shall appoint an
individual as a substitute elector to fill a vacancy as
follows:
(1) If the alternate elector is present to vote, by
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(1) If the alternate elector is present to vote, by
appointing the alternate elector for the vacant position;
(2) If the alternate elector for the vacant position is
not present to vote, by appointing an elector chosen by lot
from among the alternate electors present to vote who were
nominated by the same political party;
(3) If the number of alternate electors present to vote
is insufficient to fill any vacant position pursuant to
subdivisions (1) and (2), by appointing any immediately
available individual who is qualified to serve as an elector
and chosen through nomination and plurality vote of the
remaining electors, including nomination and vote by a single
elector if only one remains;
(4) If there is a tie between at least two nominees for
substitute elector in a vote conducted under subdivision (3),
by appointing an elector chosen by lot from among those
nominees; or
(5) If all elector positions are vacant and cannot be
filled pursuant to subdivisions (1) to (4), inclusive, by
appointing a single presidential elector, with remaining
vacant positions to be filled under subdivision (3) and, if
necessary, subdivision (4).
(c) To qualify as a substitute elector under subsection
(b), an individual who has not executed the pledge required
under Section 17-14-43 shall execute the following pledge: "I
agree to serve and to mark my ballots for President and Vice
President consistent with the pledge of the individual to
whose elector position I have succeeded."
§17-14-46
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§17-14-46
(a) At the time designated for elector voting and after
all vacant positions have been filled under Section 17-14-45,
the Secretary of State shall provide each elector with a
presidential and vice presidential ballot. The elector shall
mark the elector's presidential and vice presidential ballots
with the elector's votes for the offices of President and Vice
President, respectively, along with the elector's signature
and the elector's legibly printed name.
(b) Except as otherwise provided by state law, each
elector shall present both completed ballots to the Secretary
of State, who shall examine the ballots and accept as cast all
ballots of electors whose votes are consistent with their
pledges executed under Section 17-14-43 or Section
17-14-45(c). Except as otherwise provided by state law, the
Secretary of State may not accept and may not count either an
elector's presidential or vice presidential ballot if the
elector has not marked both ballots or has marked a ballot in
violation of the elector's pledge.
(c) An elector who refuses to present a ballot,
presents an unmarked ballot, or presents a ballot marked in
violation of the elector's pledge executed under Section
17-14-43 or Section 17-14-45(c) vacates the office of elector,
creating a vacant position to be filled in accordance with
Section 17-14-45.
(d) The Secretary of State shall distribute ballots to
and collect ballots from a substitute elector and repeat the
process under this section of examining ballots, declaring and
filling vacant positions as required, and recording
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filling vacant positions as required, and recording
appropriately completed ballots from the substituted electors,
until all of the state's electoral votes have been cast and
recorded.
§17-14-47
(a) After the vote of the state's electors is
completed, if the final list of electors differs from any list
that the Governor previously included on a certificate of
ascertainment prepared and transmitted under 3 U.S.C. § 5, the
Secretary of State shall immediately prepare an amended
certificate of ascertainment and transmit the certificate to
the Governor for the Governor's signature.
(b) The Governor shall immediately deliver the signed
amended certificate of ascertainment to the Secretary of State
and a signed duplicate original of the amended certificate of
ascertainment to all individuals entitled to receive the
state's certificate of ascertainment, indicating that the
amended certificate of ascertainment is to be substituted for
the certificate of ascertainment previously submitted.
(c) The Secretary of State shall prepare a certificate
of vote. The electors on the final list shall sign the
certificate. The Secretary of State shall process and transmit
the signed certificate with the amended certificate of
ascertainment pursuant to 3 U.S.C. §§ 9, 10, and 11.
§17-14-48
In applying and construing this division, consideration
shall be given to the need to promote uniformity of law with
respect to its subject matter among states that enact the
Uniform Faithful Presidential Electors Act.
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Uniform Faithful Presidential Electors Act.
Section 3. This act shall become effective on October
1, 2026.
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