Alabama 2022 Regular Session

Alabama House Bill HB225 Compare Versions

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

Old	New	Differences
1	1	1 HB225
2	2	2 215449-1
3	3	3 By Representative Robbins
4	4	4 RFD: Constitution, Campaigns and Elections
5	5	5 First Read: 02-FEB-22
6	6
7	7	Page 0 1 215449-1:n:10/27/2021:ANS/mg LSA2021-2270
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10	10	4
11	11	5
12	12	6
13	13	7
14	14	8 SYNOPSIS: Under existing state law, each absentee
15	15	9 ballot must be accompanied by an affidavit
16	16	10 witnessed by two witnesses or a notary public or
17	17	11 other officer authorized to administer oaths.
18	18	12 Under federal law, individuals voting under
19	19	13 the Uniformed and Overseas Citizens Absentee Voting
20	20	14 Act are no longer required to have their affidavit
21	21	15 witnessed by two witnesses or a notary public or
22	22	16 other officer authorized to acknowledge oaths.
23	23	17 This bill would eliminate the state law
24	24	18 requirement that the affidavit accompanying
25	25	19 absentee ballots be witnessed by two witnesses or a
26	26	20 notary public or other officer authorized to
27	27	21 administer oaths for individuals voting under the
28	28	22 federal Uniformed and Overseas Citizens Absentee
29	29	23 Voting Act.
30	30	24
31	31	25 A BILL
32	32	26 TO BE ENTITLED
33	33	27 AN ACT
34	34	Page 1 1
35	35	2 Relating to absentee voting; to amend Section
36	36	3 17-11-7, Code of Alabama 1975, and Section 17-11-10, Code of
37	37	4 Alabama 1975, as last amended by Act 2021-364 of the 2021
38	38	5 Regular Session, to eliminate the requirement that the
39	39	6 affidavit accompanying absentee ballots be witnessed or
40	40	7 notarized for individuals voting under the federal Uniformed
41	41	8 and Overseas Citizens Absentee Voting Act.
42	42	9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
43	43	10 Section 1. Section 17-11-7, Code of Alabama 1975,
44	44	11 and Section 17-11-10, Code of Alabama 1975, as last amended by
45	45	12 Act 2021-364 of the 2021 Regular Session, are amended to read
46	46	13 as follows:
47	47	14 "§17-11-7.
48	48	15 "(a) Each absentee ballot shall be accompanied by an
49	49	16 envelope upon which shall be printed an affidavit.
50	50	17 "(b) With respect to an absentee ballot cast
51	51	18 pursuant to Section 17-11-3, the affidavit shall read as
52	52	19 follows:
53	53	20 ""State of Alabama
54	54	21 County of ___________
55	55	22 I, the undersigned, do swear (or affirm) that:
56	56	My place of residence in Alabama is:23 ________________
57	57	24 (street)
58	58	____________________,25 Alabama __________
59	59	Page 2 (city or town)1 (zip code)
60	60	My date of birth is:2 __________
61	61	3 month day year
62	62	4
63	63	5 I am entitled to vote an absentee ballot because:
64	64	6 Check at least one:
65	65	7 ___ I expect to be out of the county or the state on
66	66	8 election day.
67	67	9 ___ I am physically incapacitated and will not be
68	68	10 able to vote in person on election day.
69	69	11 ___ I expect to work a required workplace shift
70	70	12 which has at least 10 hours which coincide with the polling
71	71	13 hours at my regular polling place.
72	72	14 ___ I am a student at an educational institution
73	73	15 located outside the county of my permanent residence and am
74	74	16 therefore unable to vote at my usual polling place on election
75	75	17 day.
76	76	18 ___ I am a member of or a spouse or dependent of a
77	77	19 member of the Armed Forces of the United States or am
78	78	20 otherwise entitled to vote pursuant to the federal Uniformed
79	79	21 and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff 52
80	80	22 U.S.C. §§ 20301-20311.
81	81	Page 3 1 ___ I have been appointed as an election officer at
82	82	2 a polling place which is not my regular polling place.
83	83	3 ___ I will be out of the county on election day
84	84	4 responding to a state of emergency as declared by this state
85	85	5 or any other state, or by the federal government.
86	86	6 ___ I am a caregiver for a family member to the
87	87	7 second degree of kinship by affinity or consanguinity and the
88	88	8 family member is confined to his or her home.
89	89	9 ___ I am currently incarcerated in prison or jail
90	90	10 and I have not been convicted of a felony involving moral
91	91	11 turpitude.
92	92	12 I further swear (or affirm) that I have not voted
93	93	13 nor will I vote in person in the election to which this ballot
94	94	14 pertains.
95	95	15 I have marked the enclosed absentee ballot
96	96	16 voluntarily and I have read or had read to me and understand
97	97	17 the instructions accompanying this ballot and I have carefully
98	98	18 complied with such instructions.
99	99	19 Moreover, I further swear (or affirm) that all of
100	100	20 the information given above is true and correct to the best of
101	101	21 my knowledge and that I understand that by knowingly giving
102	102	22 false information so as to vote illegally by absentee ballot
103	103	23 that I shall be guilty of a misdemeanor which is punishable by
104	104	24 a fine not to exceed one thousand dollars ($1,000) or confine-
105	105	25 ment in the county jail for not more than six months, or both.
106	106	Page 4 _________________1
107	107	(Signature or mark of voter.)2
108	108	___________________3
109	109	(Printed name of voter.)4
110	110	IF YOUR AFFIDAVIT IS NOT SIGNED (OR MARKED), AND IF5
111	111	6 YOUR AFFIDAVIT IS NOT WITNESSED BY TWO WITNESSES 18 YEARS OF
112	112	7 AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
113	113	8 ACKNOWLEDGE OATHS (UNLESS YOU ARE ENTITLED TO VOTE PURSUANT TO
114	114	9 THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT
115	115	10 (UOCAVA), 52 U.S.C. §§ 20301-20311), PRIOR TO BEING DELIVERED
116	116	11 OR MAILED TO THE ABSENTEE ELECTION MANAGER, YOUR BALLOT WILL
117	117	12 NOT BE COUNTED.
118	118	13 Pursuant to the Uniformed and Overseas Citizens
119	119	14 Absentee Voting Act, 52 U.S.C. §§ 20301-20311, UOCAVA voters
120	120	15 are no longer required to have their affidavit witnessed by
121	121	16 two witnesses or a notary public or other officer authorized
122	122	17 to acknowledge oaths.
123	123	18 Sworn to and subscribed before me this _____ day of
124	124	19 _____, 2__.
125	125	20 I certify that the affiant is known (or made known)
126	126	21 to me to be the identical party he or she claims to be.
127	127	___________________ (Signature of official) 22
128	128	(Title of official) 23
129	129	Page 5 ___________________ 1
130	130	(Address of official) 2
131	131	OR3
132	132	1st Witness____________4
133	133	5 Signature
134	134	6 _____________
135	135	7 Print name
136	136	8 _____________
137	137	9 Address
138	138	10 ______________
139	139	11 City Zip Code
140	140	2nd Witness______________12
141	141	13 Signature
142	142	14 _____________
143	143	15 Print name
144	144	16 _____________
145	145	17 Address
146	146	18 ______________
147	147	19 City Zip Code"
148	148	Page 6 "(c) Unless running unopposed, a candidate may not1
149	149	2 witness or notarize any absentee ballot.
150	150	3 "§17-11-10.
151	151	4 "(a) Upon receipt of the absentee ballot, the
152	152	5 absentee election manager shall record its receipt on the
153	153	6 absentee list as provided in Section 17-11-5 and shall safely
154	154	7 keep the ballot without breaking the seal of the affidavit
155	155	8 envelope.
156	156	9 "(b)(1) The absentee election manager, beginning at
157	157	10 7:00 a.m. on the day of the election, shall deliver the sealed
158	158	11 affidavit envelopes containing absentee ballots to the
159	159	12 election officials provided for in Section 17-11-11. The
160	160	13 election officials shall then call the name of each voter
161	161	14 casting an absentee ballot with poll watchers present as may
162	162	15 be provided under the laws of Alabama and shall examine each
163	163	16 affidavit envelope to determine if the signature of the voter
164	164	17 has been appropriately witnessed. If the witnessing of the
165	165	18 signature and the information in the affidavit establish that
166	166	19 the voter is entitled to vote by absentee ballot, then the
167	167	20 election officials shall certify the findings, open each
168	168	21 affidavit envelope, and deposit the plain envelope containing
169	169	22 the absentee ballot into a sealed ballot box.
170	170	23 "(2) No poll worker or other election official shall
171	171	24 open an affidavit envelope if the envelope indicates the
172	172	25 ballot is an unverified provisional ballot or the affidavit is
173	173	26 unsigned by the voter or unmarked, and no ballot envelope or
174	174	Page 7 1 ballot may be removed or counted. No poll worker or other
175	175	2 election official shall open an affidavit envelope if the
176	176	3 voter's affidavit signature or mark is not witnessed by the
177	177	4 signatures of two witnesses or a notary public, or other
178	178	5 officer, including a military commissioned officer, authorized
179	179	6 to acknowledge oaths, and no ballot envelope or ballot may be
180	180	7 removed or counted. The provision for witnessing of the
181	181	8 voter's affidavit signature or mark in Section 17-11-7 goes to
182	182	9 the integrity and sanctity of the ballot and election. No
183	183	10 court or other election tribunal shall allow the counting of
184	184	11 an absentee ballot with respect to which the voter's affidavit
185	185	12 signature or mark is not witnessed by the signatures of two
186	186	13 witnesses 18 years of age or older or a notary public, or
187	187	14 other officer, including a military commissioned officer,
188	188	15 authorized to acknowledge oaths, prior to being delivered or
189	189	16 mailed to the absentee election manager.
190	190	17 "(3) Upon closing of the polls, the absentee ballots
191	191	18 shall be counted and otherwise handled in all respects as if
192	192	19 the absentee voter were present and voting in person. Precinct
193	193	20 ballot counters may be used to count absentee ballots.
194	194	21 Absentee election officials are to be appointed and trained in
195	195	22 the same manner as prescribed for regular election officials.
196	196	23 The number of absentee election officials shall be determined
197	197	24 by the number of precinct counters provided. The county
198	198	25 commission may provide more than one precinct ballot counter
199	199	26 based upon the recommendation of the absentee election
200	200	27 manager. Beginning not earlier than 7:00 a.m. on election day,
201	201	Page 8 1 the absentee election officials shall perform the duties
202	202	2 prescribed in Section 17-11-11.
203	203	3 "(4) As regards municipalities with populations of
204	204	4 less than 10,000, in the case of municipal elections held at a
205	205	5 time different from a primary or general election, the return
206	206	6 mail envelopes containing the ballots shall be delivered to
207	207	7 the election official of the precinct of the respective
208	208	8 voters, unless the city or town having a population of less
209	209	9 than 10,000 inhabitants has established, by permanent
210	210	10 ordinance adopted six months prior to the municipal election,
211	211	11 a procedure for the appointment of absentee election officials
212	212	12 pursuant to subsection (c) of Section 11-46-27.
213	213	13 "(c)(1) Absentee ballots cast in a second primary
214	214	14 election for federal, state, or county office by individuals
215	215	15 voting pursuant to the federal Uniformed and Overseas Citizens
216	216	16 Absentee Voting Act, 52 U.S.C. §§ 20301-20311, and received
217	217	17 after noon on the day of the second primary election, shall be
218	218	18 opened and counted at the same time as the verified
219	219	19 provisional ballots. At noon seven days after the second
220	220	20 primary election, the absentee election manager shall deliver
221	221	21 the sealed affidavit envelopes containing absentee ballots to
222	222	22 the officials provided for in subsection (f) of Section
223	223	23 17-10-2. The officials shall call the name of each voter
224	224	24 casting an absentee ballot in the presence of watchers
225	225	25 designated by any interested candidates and shall examine each
226	226	26 affidavit envelope to determine if the signature of the voter
227	227	27 has been appropriately witnessed. If the witnessing of the
228	228	Page 9 1 signature and the information in the affidavit establish that
229	229	2 the voter is entitled to vote by absentee ballot, then the
230	230	3 election officials shall certify the findings, open each
231	231	4 affidavit envelope, and deposit the plain envelope containing
232	232	5 the absentee ballot into a sealed ballot box.
233	233	6 "(2) No election official shall open an affidavit
234	234	7 envelope if the affidavit printed thereon is unsigned by the
235	235	8 voter or unmarked, and no ballot envelope or ballot therein
236	236	9 may be removed or counted. No election official shall open an
237	237	10 affidavit envelope if the voter's affidavit signature or mark
238	238	11 is not witnessed by the signatures of two witnesses or a
239	239	12 notary public, or other officer, including a military
240	240	13 commissioned officer, authorized to acknowledge oaths, and no
241	241	14 ballot envelope or ballot therein may be removed or counted.
242	242	15 The provision for witnessing of the voter's affidavit
243	243	16 signature or mark in Section 17-11-7 goes to the integrity and
244	244	17 sanctity of the ballot and election. No court or other
245	245	18 election tribunal shall allow the counting of an absentee
246	246	19 ballot with respect to which the voter's affidavit signature
247	247	20 or mark is not witnessed by the signatures of two witnesses 18
248	248	21 years of age or older or a notary public, or other officer,
249	249	22 including a military commissioned officer, authorized to
250	250	23 acknowledge oaths, prior to being delivered or mailed to the
251	251	24 absentee election manager.
252	252	25 "(3) The absentee ballots described in this
253	253	26 subsection shall be opened, counted, and tabulated. The
254	254	27 results of the absentee ballots counted and tabulated on
255	255	Page 10 1 election day shall be amended to include the results of the
256	256	2 absentee ballots described in this subsection.
257	257	3 "(4) In all other respects, unless otherwise
258	258	4 specifically provided by law, the absentee ballots described
259	259	5 in this subsection shall be treated as other absentee ballots.
260	260	6 "(d) Notwithstanding this section or any other
261	261	7 provision of law, an absentee ballot cast in any election
262	262	8 pursuant to the Uniformed and Overseas Citizens Absentee
263	263	9 Voting Act, 52 U.S.C. §§ 20301-20311, shall be counted
264	264	10 regardless of whether the signature has been witnessed or
265	265	11 notarized."
266	266	12 Section 2. This act shall become effective
267	267	13 immediately following its passage and approval by the
268	268	14 Governor, or its otherwise becoming law.
269	269	Page 11