Looking at http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/11-46-53.htm it seems to me that the voting machines themselves are to be sealed until the opportunity to file a contest is gone. Seems to me that means that everything with the machine - internally and externally - is to be left as-is until it’s known there is no contest filed. Setting the machines to delete records before the time allowance for contests seems to me to be in violation of that.
It does NOT seem to me - at all - that these issues are at the discretion of the precincts themselves.
Alabama Attorney General Steve Marshall posted this on Tuesday night.
“Digital images of ballots are not required in the event of a recount or an election contest. Original paper ballots are preserved while electronic images generally are not preserved. The same records have always been used in election contests and recounts.
“The vast majority of Alabama ballot scanning machines are not programmed to preserve the images. To change them, as the plaintiffs seek, would not mean simply flipping a switch, but would require the third-party vendor, Elections Systems and Software, to travel to 2000 voting machines around Alabama to change them. This process could not be completed in a day. To attempt it the day before and day of the election would cause chaos, confusion, and delay.”