Mobile County judge clarifies rules on marked ballots

Mobile County Probate Judge Mark Erwin issued a public clarification on Sunday regarding online rumors that specific markings on paper ballots could lead to automatic rejection by voting machines. He spoke to voters in Mobile, Alabama, ahead of the Tuesday election.

Erwin stated that a voting machine should only reject a ballot if a mark physically interferes with the machine's ability to read the selection. He said he was not aware of any rule that would disqualify a ballot solely because it contained a mark, provided that mark did not obstruct the reading process.

"I think that's an internet hoax that's been going around. So let me just kind of dispel that for our folks in the public," Erwin said.

The judge also addressed concerns about pre-vote tampering. He advised voters to inspect their ballots before casting a mark. If a voter notices anything unusual, Erwin said they should speak with a poll worker. The judge noted that a voter can request to spoil the current ballot and receive a new one if they feel something was done to it prior to their own marking.

"If someone feels like something has been done to their ballot before they start marking it themselves, then they can discuss that with the poll worker and perhaps spoil that ballot and get a new ballot. There's a whole process for that," Erwin said.

Mobile County recorded higher absentee voting activity for the 2026 general election compared to the 2022 cycle. Officials reported that 4,042 absentee ballots were requested this year, with 3,684 returned. In 2022, the county saw 3,906 requests and 3,473 returned ballots.

Polls across Alabama are open from 7 a.m. to 7 p.m. on Tuesday. Voters with questions or concerns about their ballots can address them directly with a poll worker at their assigned location.