§ 10A-3A-7.28 — Inspectors of Election

Alabama § 10A-3A-7.28

• Jurisdiction: Alabama
• Title 10A: Alabama Business and Nonprofit Entities Code
• Ch. 3A: Alabama Nonprofit Corporation Law
• Art. 7: Member Meetings
• Div. B: Voting

Text

(a) A membership nonprofit corporation may appoint one or more inspectors to act at a meeting of members and make a written report thereof. The membership nonprofit corporation may designate one or more persons as alternate inspectors to replace any inspector who fails to act. If no inspector or alternate is able to act at a meeting of members, the person presiding at the meeting may appoint one or more inspectors to act at the meeting. Each inspector, before entering upon the discharge of the duties of inspector, shall take and sign an oath faithfully to execute the duties of inspector with strict impartiality and according to the best of the inspector’s ability. The inspectors may appoint or retain other persons to assist the inspectors in the performance of the duties of inspector under subsection (b), and may rely on information provided by those persons and other persons, including those appointed to count votes, unless the inspectors believe reliance is unwarranted.
(b) The inspectors must:
(1) ascertain the number of members and their voting power;
(2) determine the number of votes represented at the meeting and the validity of proxies and ballots;
(3) count all votes;
(4) determine and retain for a reasonable period a record of the disposition of any challenges made to any determination by the inspectors; and
(5) certify their determination of the number of votes represented at the meeting, and their count of all votes.
(c) No ballot, proxies, or votes, nor any revocations thereof or changes thereto, shall be accepted by the inspectors after the closing of the polls unless the designated court, and if none, the circuit court for the county in which the membership nonprofits corporation’s principal office is located in this state, and if none in this state, in the circuit court for the county in which the membership nonprofit corporation’s most recent registered office is located, upon application by a member, shall determine otherwise.
(d) In performing their duties, the inspectors may examine:
(1) the proxy appointment forms and any other information provided in accordance with Section 10A-3A-7.22;
(2) any envelope or related writing submitted with those appointment forms;
(3) any ballots;
(4) any evidence or other information specified in Section 10A-3A-7.23; and
(5) the relevant books and records of the membership nonprofit corporation relating to its members and their entitlement to vote.
(e) The inspectors also may consider other information that they believe is relevant and reliable for the purpose of performing any of the duties assigned to them pursuant to subsection (b).
(f) An inspector and any person appointed by an inspector to assist with the inspector’s duties may, but need not, be a director, member, officer, or employee of the membership nonprofit corporation. A person who is a candidate for office to be filled at the meeting may not be an inspector or a person so appointed.

Legislative History

(Act 2023-503, §1.)