Alabama 2022 Regular Session

Alabama House Bill HB103 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB103
2	2	2 214810-1
3	3	3 By Representative Clarke
4	4	4 RFD: Constitution, Campaigns and Elections
5	5	5 First Read: 11-JAN-22
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7	7	Page 0 1 214810-1:n:08/26/2021:ANS/cr LSA2021-1750
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13	13	7
14	14	8 SYNOPSIS: Under existing law, the only way for an
15	15	9 elector to vote before election day in this state
16	16	10 is to vote by absentee ballot, provided the elector
17	17	11 meets one of the excuses that allows for absentee
18	18	12 voting.
19	19	13 This bill would provide a process for early
20	20	14 voting in general and special elections, other than
21	21	15 municipal elections.
22	22	16 This bill would prescribe minimum days and
23	23	17 hours of operation of early voting centers.
24	24	18 This bill would allow an elector, without
25	25	19 excuse, to cast his or her vote using a voting
26	26	20 machine at an early voting center.
27	27	21 This bill would require each county
28	28	22 commission to establish early voting center
29	29	23 locations in the county and establish a
30	30	24 communications plan to publish notice of early
31	31	25 voting in the respective county.
32	32	Page 1 1 This bill would provide that staffing,
33	33	2 reimbursement of election expenses, and election
34	34	3 day conduct would apply to early voting.
35	35	4 This bill would also require the Secretary
36	36	5 of State to adopt rules to ensure the process does
37	37	6 not permit electors to vote more than once in any
38	38	7 election.
39	39	8
40	40	9 A BILL
41	41	10 TO BE ENTITLED
42	42	11 AN ACT
43	43	12
44	44	13 Relating to elections; to provide a process for
45	45	14 early voting in certain elections; to prescribe the number,
46	46	15 location, and hours of operation of early voting centers in
47	47	16 each county; to authorize electors to cast a vote, without
48	48	17 excuse, by voting machine at an early voting center; to
49	49	18 provide for the conduct of early voting; and to require the
50	50	19 Secretary of State to adopt rules.
51	51	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
52	52	21 Section 1. (a) This section shall apply to all
53	53	22 general and special elections other than municipal elections.
54	54	23 (b) Beginning in the election cycle for the November
55	55	24 2022 General Election, qualified electors of this state may
56	56	25 obtain and cast an in-person ballot in advance of election
57	57	26 day, without excuse, at an early voting center for all general
58	58	Page 2 1 and special elections other than municipal elections, in
59	59	2 accordance with this section.
60	60	3 (c) The early voting period shall begin the Saturday
61	61	4 17 days before election day and extend through the Saturday
62	62	5 three days before election day. Polls shall be open for early
63	63	6 voting for at least four continuous hours between 7:00 a.m.
64	64	7 and 8:00 p.m. on each weekday with at least two days during
65	65	8 the weekday open until 8:00 p.m., and between the hours of
66	66	9 10:00 a.m. and 7:00 p.m. on each Saturday during the early
67	67	10 voting period. The early voting election officials shall
68	68	11 establish hours of operation of each early voting center,
69	69	12 provided nothing in this subsection shall be construed to
70	70	13 prohibit a county commission from establishing a greater
71	71	14 number of hours for voting during the early voting period
72	72	15 beyond the number of hours required by this subsection.
73	73	16 (d)(1) Notwithstanding Section 17-8-1, Code of
74	74	17 Alabama 1975, not more than 20 nor less than 15 days before
75	75	18 the date that early voting begins pursuant to this section,
76	76	19 the appointing board of each county shall appoint necessary
77	77	20 early voting election officials, including at least one
78	78	21 inspector and three clerks at each center. During the early
79	79	22 voting period, election officials shall carry out the roles,
80	80	23 duties, and functions prescribed by law to election officials
81	81	24 on election day, as further provided by rules adopted by the
82	82	25 Secretary of State. Election officials shall be compensated
83	83	26 for their services as provided in Section 17-8-12, Code of
84	84	27 Alabama 1975.
85	85	Page 3 1 (2) Poll watchers shall be allowed at each early
86	86	2 voting center as provided in Section 17-8-7, Code of Alabama
87	87	3 1975, or as otherwise provided by law.
88	88	4 (e)(1) Each county shall operate at least one early
89	89	5 voting center for every 100,000 residents, according to the
90	90	6 most recent federal decennial census. The county commission
91	91	7 shall determine the location of each early voting center and
92	92	8 the geographical area the center serves using the most recent
93	93	9 federal decennial census tract and block map. The boundaries
94	94	10 shall coincide with existing precinct boundaries. An early
95	95	11 voting center may be located in any branch of the county
96	96	12 courthouse or courthouse annex, a government building
97	97	13 generally accessible to the public, or a location that is used
98	98	14 as an election day polling place.
99	99	15 (2) Notwithstanding subdivision (1), for any special
100	100	16 election, the county commission, by majority vote, may reduce
101	101	17 the number of early voting centers when the commission
102	102	18 determines a lesser number of centers is sufficient to meet
103	103	19 the needs of early voters.
104	104	20 (f) The process for voting at an early voting center
105	105	21 shall be conducted in the same manner as set forth in state
106	106	22 law for voting in person on election day. Each early voting
107	107	23 center shall be equipped with at least two voting machines
108	108	24 with which electors may cast their ballot. Upon the daily
109	109	25 closing of an early voting center, the election officers shall
110	110	26 tabulate the ballots cast that day and secure all ballots
111	111	27 cast, the poll lists maintained at the location, and all other
112	112	Page 4 1 voting materials, whether used or unused, as provided by rules
113	113	2 adopted by the Secretary of State as necessary to comply with
114	114	3 state law.
115	115	4 (g) Each county commission shall create a
116	116	5 communication plan to inform eligible electors of the
117	117	6 opportunity to vote early. The plan may use any media outlet,
118	118	7 including social media and the official county website, and
119	119	8 shall publicize the designation of voting precincts to
120	120	9 assigned early voting centers, along with the location, date,
121	121	10 and hours of operation of each early voting center.
122	122	11 (h) Nothing in this section shall prohibit an
123	123	12 elector who received an absentee ballot by mail from bringing
124	124	13 his or her ballot to his or her early voting center and
125	125	14 casting his or her ballot pursuant to this section.
126	126	15 (i) All expenses and costs incurred to comply with
127	127	16 this section shall be reimbursed in accordance with Article 1
128	128	17 of Chapter 16 of Title 17, Code of Alabama 1975.
129	129	18 (j) The Secretary of State shall adopt rules to
130	130	19 implement this section. The rules shall include, but not be
131	131	20 limited to, provisions that do all of the following:
132	132	21 (1) Ensure that ballots cast early, by any method
133	133	22 allowed under state law, are counted and canvassed as if cast
134	134	23 on election day.
135	135	24 (2) Ensure an efficient and fair early voting
136	136	25 process that respects the privacy of the voter.
137	137	Page 5 1 (3) Ensure that electors who vote during the early
138	138	2 voting period are not permitted to vote more than once in the
139	139	3 same election.
140	140	4 Section 2. This act shall become effective on the
141	141	5 first day of the third month following its passage and
142	142	6 approval by the Governor, or its otherwise becoming law.
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