HB51 as Enrolled (Regular Session 2006)
By Representatives Guin, Grantland, Schmitz, Dunn, Salaam, Melton, Thigpen, Newton (D), Knight, Hurst, Hinshaw, Moore, Warren, Morrow, Graham, Millican, Coleman (L), Coleman (M), McLaughlin, Letson and Robinson (O)
RFD: Constitution and Elections
First Read: 10-JAN-06
PFD: 11/21/2005

            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.


                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:

                "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.

                "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.

                "(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.

                "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

                I hereby certify that the within Act originated in and was passed by the House 05-APR-06, as amended.

                                            Greg Pappas

Senate                  17-APR-06                 Passed