Section 17-10-3

(a) Any qualified elector of this state (1) who will be out of the county or the state on election day or (2) who has any physical illness or infirmity which prevents his or her attendance at the polls, whether he or she is within or without the county on the day of the election, or (3) who works on a shift which has at least 10 hours which coincide with the hours the polls are open at his or her regular polling place, or (4) who is enrolled as a student at an educational institution located outside the county of his or her personal residence attendance at which prevents his or her attendance at the polls, or (5) who is a member of, or spouse or dependent of a member of, the armed forces of the United States or is similarly qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, or (6) who has been appointed as an election officer or named as a poll watcher at a polling place other than his or her regular polling place, may apply for and vote an absentee ballot by mail or by hand delivery, as provided in Sections 17-10-5 and 17-10-9, in any primary, general, special, or municipal election, provided he or she makes application in writing therefor not less than five days prior to the election in which he or she desires to vote as authorized in this chapter.

(b) An applicant for an absentee ballot who is a member of the armed forces of the United States, including the Alabama National Guard, the United States Naval Reserves, the United States Air Force Reserves, and the United States Military Reserves on active duty training or an applicant who is the spouse of any member of the armed forces or any other applicant qualified to vote absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff, may make application for an absentee ballot by filling out the federal postcard application form, authorized and provided for under the provisions of "The Federal Voting Assistance Act of 1955," Public Law 296, Chapter 656, H.R. 4048, approved August 9, 1955, 84th Congress 1st Session.

(c) Notwithstanding any other provision of otherwise applicable law, in the event more than one absentee ballot is cast in the name of the single voter, whether any such multiple ballot is cast by mail or otherwise, none of the affidavit envelopes containing said multiple ballots shall be opened, and none of said multiple ballots shall be counted, except in the event of an election contest, upon the order of the election contest tribunal. Upon the conclusion of an election contest or, in the event no such contest is filed, upon the expiration of time for filing such a contest, said multiple ballots shall be provided to the district attorney, with photocopies provided to the state Attorney General, for such investigation, prosecution, or other action as may be appropriate under applicable law.

(Acts 1975, No. 1147, p. 2251, §1; Acts 1986, No. 86-428, p. 791, §1; Acts 1994, No. 94-320, p. 553, §1; Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §1; Act 99-388, p. 615, §1; Act 2001-1097, 4th Sp. Sess., p. 1147, §1.)