ENROLLED, An Act,
To amend Sections 17-16-1, 17-16-6, 17-16A-1, and 17-16A-3, Code of Alabama
1975, relating to the presidential preference primary election; to change
the date of the presidential preference primary election to the first Tuesday
in February beginning in the year 2008; to include the separate and special
presidential preference primary election in the definition of primary election;
and to change the qualification date to coincide with the change of primary
date.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 17-16-1, 17-16-6, 17-16A-1, and 17-16A-3, Code of Alabama 1975, are amended to read as follows:
"§17-16-1.
"A primary election, including a separate and special presidential preference
primary election within the meaning of this chapter, is an election
held by thequalified voters, who are members of any political party, for
the purpose of nominating a candidate or candidates for public or party
office.
"§17-16-6.
"Presidential preference primaries and primary
Primary elections, except special primary elections and presidential
preference primaries, held at the expense of the state or counties,
shall be held on the first Tuesday in June February.
When necessary, as provided in this chapter, a second or runoff primary
election shall be held on the last Tuesday in June following said
the primary election. Any second primary shall be held by the same
election officers who held the first primary, and be held at the same places
as the first primary election. No primary shall be held by any political
party except as herein provided. Primary elections herein provided for
shall be held at the regular polling places established for the purpose
of holding general elections.
"§17-16A-1.
"(a) Primary elections for the purpose of determining the preferred candidates
for President of the United States shall be held in conjunction
with the primary elections on the first Tuesday in June of on the first
Saturday immediately following the first Tuesday in February
each year in which a President is to be elected beginning in the year
2008.
"(b) Subject to rules and procedures of the political party of any such
presidential candidate, the names of any candidates for delegate to the
national conventions pledged to a presidential candidate shall be placed
under his or her name and such delegates shall be elected in the
primary election on the first Tuesday in June Saturday immediately
following the first Tuesday in February of each year as
provided herein.
(c) The State of Alabama shall reimburse a county for all sums expended
in holding and conducting the presidential preference primary as provided
in 17-21-3. The provisions of Section 17-4-129 shall not apply to the election
held under this section, and no payments shall be made to the judge of
probate under the provisions of 17-4-138.
"§17-16A-3.
"In order to qualify the name of any person to appear on the ballot at
a presidential preference primary, a petition or petitions in support of
his or her candidacy must shall be filed
with the state party chairman chairperson of the
appropriate political party, hereinafter referred to as "chairman,"
"chairperson," after March 1 of the year in which
90 days prior to the presidential preference primary is to be
held and before March 15 of that same year election. To comply
with this section, a candidate may file a petition or petitions signed
by a total of not less than 500 qualified electors of the state, or petitions
signed by not less than 50 qualified electors of each congressional district
of the state, in which case there shall be a separate petition for each
congressional district. The petitions shall be in such form as the chairman
chairperson may prescribe; provided, that there shall be a space
for the county of residence of each signer next to the space provided for
his or her signature. No signature may be counted as valid unless
the county of residence of the signer is provided. Each petition shall
contain an affirmation under the penalties of perjury that each signer
is a qualified elector in his or her congressional district or in
the state, as appropriate. The decision of the chairman
chairperson as to the regularity of the petitions shall be final."
Section 2. This act shall become effective on the first day of the third
month following its passage and approval by the Governor, or its otherwise
becoming law.
Speaker of the House of Representatives
President and Presiding Officer of the Senate
House of Representatives
Greg Pappas
Clerk
Senate 17-APR-06 Passed