Alabama 2022 Regular Session

Alabama House Bill HB354 Compare Versions

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

Old	New	Differences
1	1	1 HB354
2	2	2 217407-1
3	3	3 By Representative Mooney
4	4	4 RFD: Constitution, Campaigns and Elections
5	5	5 First Read: 15-FEB-22
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7	7	Page 0 1 217407-1:n:02/09/2022:ANS/ cr LSA2022-631
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13	13	7
14	14	8 SYNOPSIS: Under existing law, voters requesting an
15	15	9 absentee ballot must submit photo identification
16	16	10 with the absentee ballot application.
17	17	11 Under existing law, the absentee election
18	18	12 manager is required to be open on the days and
19	19	13 during the hours as that of the circuit clerk.
20	20	14 Under existing law, the list of electors
21	21	15 voting by absentee ballot is confidential until the
22	22	16 day following an election.
23	23	17 Under existing law, a person or organization
24	24	18 authorized by law may appoint one poll watcher to
25	25	19 be present for the counting of absentee ballots.
26	26	20 Under existing law, an absentee ballot,
27	27	21 except one cast pursuant to the Uniformed and
28	28	22 Overseas Citizens Absentee Voting Act (UOCAVA),
29	29	23 cannot be counted unless received by mail or hand
30	30	24 delivery no later than noon on election day.
31	31	25 This bill would require that the photo
32	32	26 identification be submitted with the absentee
33	33	27 ballot rather than the absentee ballot application.
34	34	Page 1 1 This bill would prohibit the absentee
35	35	2 election manager and circuit clerk from extending
36	36	3 its hours of operation outside of its normal
37	37	4 business hours during an election year.
38	38	5 This bill would require the absentee
39	39	6 election manager to report to the Secretary of
40	40	7 State and Attorney General listing the names of any
41	41	8 voters who requested that an absentee ballot be
42	42	9 mailed to an address where a number of absentee
43	43	10 ballots were requested, and that names of any
44	44	11 voters who requested an absentee ballot in a county
45	45	12 other than the county in which the voter is
46	46	13 registered to vote.
47	47	14 This bill would require the absentee
48	48	15 election manager to record the name, voting place
49	49	16 of the applicant, date the application was
50	50	17 received, date the ballot was sent, and date the
51	51	18 ballot was returned on a list of absentee voters
52	52	19 and to post a copy of the list of voters who have
53	53	20 requested an absentee ballot each day on the
54	54	21 regular bulletin board or other public place in the
55	55	22 county courthouse.
56	56	23 This bill would require that each absentee
57	57	24 ballot have an identifying tracking number.
58	58	25 This bill would increase the number of poll
59	59	26 watchers when a certain amount of absentee ballots
60	60	27 have been received.
61	61	Page 2 1 This bill would also provide that any
62	62	2 absentee ballot received by mail a certain number
63	63	3 of calendar days after the election shall be deemed
64	64	4 a provisional ballot.
65	65	5
66	66	6 A BILL
67	67	7 TO BE ENTITLED
68	68	8 AN ACT
69	69	9
70	70	10 Relating to absentee voting; to amend Sections
71	71	11 17-9-30, 17-11-2, 17-11-4, 17-11-5, and 17-11-11, Code of
72	72	12 Alabama 1975, and Section 17-11-18, Code of Alabama 1975, as
73	73	13 last amended by Act 2021-364 of the 2021 Regular Session; to
74	74	14 require photo identification to be submitted with the absentee
75	75	15 ballot rather than the absentee ballot application; to
76	76	16 prohibit the absentee election manager and circuit clerk from
77	77	17 extending its hours of operation outside of its normal
78	78	18 business hours during an election year; to require the
79	79	19 absentee election manager to submit a report to the Secretary
80	80	20 of State and Attorney General relating to certain absentee
81	81	21 ballot requests; to require the absentee election manager to
82	82	22 record certain activities relating to each absentee ballot and
83	83	23 to post a copy of the list of voters who have requested an
84	84	24 absentee ballot each day on the regular bulletin board or
85	85	25 other public place in the county courthouse; to require that
86	86	26 each absentee ballot have an identifying tracking number; to
87	87	27 increase the number of poll watchers; to observe counting of
88	88	Page 3 1 absentee ballots in certain circumstances; and to provide that
89	89	2 any absentee ballot received by mail a certain number of
90	90	3 calendar days after the election shall be deemed a provisional
91	91	4 ballot.
92	92	5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
93	93	6 Section 1. Sections 17-9-30, 17-11-2, 17-11-4,
94	94	7 17-11-5, and 17-11-11, Code of Alabama 1975, and Section
95	95	8 17-11-18, Code of Alabama 1975, as last amended by Act
96	96	9 2021-364 of the 2021 Regular Session, are amended to read as
97	97	10 follows:
98	98	11 "§17-9-30.
99	99	12 "(a) Each elector shall provide valid photo
100	100	13 identification to an appropriate election official prior to
101	101	14 voting. A voter required to show valid photo identification
102	102	15 when voting in person shall present to the appropriate
103	103	16 election official one of the following forms of valid photo
104	104	17 identification:
105	105	18 "(1) A valid Alabama driver's license or nondriver
106	106	19 identification card which was properly issued by the
107	107	20 appropriate state or county department or agency.
108	108	21 "(2) A valid Alabama photo voter identification card
109	109	22 issued under subsection (g) or other valid identification card
110	110	23 issued by a branch, department, agency, or entity of the State
111	111	24 of Alabama, any other state, or the United States authorized
112	112	25 by law to issue personal identification, provided that such
113	113	26 the identification card contains a photograph of the elector.
114	114	27 "(3) A valid United States passport.
115	115	Page 4 1 "(4) A valid employee identification card containing
116	116	2 the photograph of the elector and issued by any branch,
117	117	3 department, agency, or entity of the United States government,
118	118	4 this state, or any county, municipality, board, authority, or
119	119	5 other entity of this state.
120	120	6 "(5) A valid student or employee identification card
121	121	7 issued by a public or private college, university, or
122	122	8 postgraduate technical or professional school located within
123	123	9 the state, provided that such the identification card contains
124	124	10 a photograph of the elector.
125	125	11 "(6) A valid United States military identification
126	126	12 card, provided that such the identification card contains a
127	127	13 photograph of the elector.
128	128	14 "(7) A valid tribal identification card containing a
129	129	15 photograph of the elector.
130	130	16 "(b) Voters requesting an An elector voting by
131	131	17 absentee ballot shall submit with the absentee ballot
132	132	18 application a copy of one of the forms of identification
133	133	19 listed in subsection (a). Notwithstanding subsection (e), an
134	134	20 absentee ballot shall not be issued counted unless the
135	135	21 required identification is submitted with the absentee ballot
136	136	22 application except as provided in subsection (c).
137	137	23 "(c) Notwithstanding subsection (b), if an absentee
138	138	24 election manager receives an absentee ballot application on or
139	139	25 after the eighth day prior to the election without a copy of
140	140	26 one of the forms of identification listed in subsection (a),
141	141	27 the absentee election manager, if the applicant is otherwise
142	142	Page 5 1 qualified to vote, shall issue the absentee ballot as a
143	143	2 provisional ballot pursuant to subdivision (1) of subsection
144	144	3 (c) of Section 17-10-2.
145	145	4 "(d) (c) Notwithstanding subsection (b), a voter who
146	146	5 is entitled to vote by absentee ballot pursuant to the
147	147	6 Uniformed and Overseas Citizens Absentee Voting Act
148	148	7 (subchapter I-G of Chapter 20 of Title 42 U.S.C.); Section
149	149	8 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and
150	150	9 Handicapped Act (subchapter I-F of Chapter 20 of Title 42
151	151	10 U.S.C.); or any other federal law, shall not be required to
152	152	11 produce identification prior to voting.
153	153	12 "(e) (d) An individual required to present valid
154	154	13 photo identification in accordance with this section who is
155	155	14 unable to meet the identification requirements of this section
156	156	15 shall be permitted to vote by a provisional ballot, as
157	157	16 provided for by law.
158	158	17 "(f) (e) In addition, an individual who does not
159	159	18 have valid photo identification in his or her possession at
160	160	19 the polls shall be permitted to vote if the individual is
161	161	20 positively identified by two election officials as a voter on
162	162	21 the poll list who is eligible to vote and the election
163	163	22 officials sign a sworn affidavit so stating.
164	164	23 "(g) (f) The Secretary of State shall issue, upon
165	165	24 application, an Alabama photo voter identification card to
166	166	25 registered Alabama electors which shall under state law be
167	167	26 valid only for the purposes of voter identification under
168	168	27 subsection (a) and available only to registered electors of
169	169	Page 6 1 this state. No fee shall be charged or collected for the
170	170	2 application for or issuance of an Alabama photo voter
171	171	3 identification card.
172	172	4 "(h) (g) No person shall be eligible for an Alabama
173	173	5 photo voter identification card if such the person has a valid
174	174	6 unexpired driver's license, nondriver identification card, or
175	175	7 any other photo identification described in subsection (a).
176	176	8 "(i) (h) The Alabama photo voter identification card
177	177	9 shall be captioned ALABAMA PHOTO VOTER IDENTIFICATION CARD and
178	178	10 shall contain a prominent statement that under Alabama law the
179	179	11 card is valid only as identification for voting purposes. The
180	180	12 Alabama photo voter identification card shall be laminated,
181	181	13 shall contain a digital color photograph of the applicant,
182	182	14 shall have the signature of the Secretary of State, and shall
183	183	15 include the following information:
184	184	16 "(1) Full legal name.
185	185	17 "(2) Address as reflected in the person's voter
186	186	18 registration record.
187	187	19 "(3) Date of birth.
188	188	20 "(4) Eye color.
189	189	21 "(5) Gender.
190	190	22 "(6) Height.
191	191	23 "(7) Weight.
192	192	24 "(8) Date identification card was issued.
193	193	25 "(9) Other information as required by rule of the
194	194	26 Secretary of State.
195	195	Page 7 1 "(j) (i) The application for an Alabama photo voter
196	196	2 identification card shall elicit the information required
197	197	3 under subdivisions (1) to (7), inclusive, of subsection (i)
198	198	4 (h). The application shall be signed and sworn to by the
199	199	5 applicant, and any falsification or fraud in the making of the
200	200	6 application shall constitute a Class C felony.
201	201	7 "(k) (j) The Secretary of State shall require
202	202	8 presentation and verification of the following information
203	203	9 before issuing an Alabama photo voter identification card to a
204	204	10 person:
205	205	11 "(1) A photo identity document, except that a
206	206	12 non-photo identity document is acceptable if the document
207	207	13 includes both the person's full legal name and date of birth.
208	208	14 "(2) Documentation showing the person's date of
209	209	15 birth.
210	210	16 "(3) Documentation showing the person is registered
211	211	17 to vote in this state.
212	212	18 "(4) Documentation showing the person's name and
213	213	19 address as reflected in the voter registration record.
214	214	20 "(l) (k) An Alabama photo voter identification card
215	215	21 shall remain valid so long as the person resides at that same
216	216	22 address and remains qualified to vote. It shall be the duty of
217	217	23 a person who moves his or her residence within the State of
218	218	24 Alabama to surrender his or her card to the Secretary of
219	219	25 State, and such the person may after such the surrender apply
220	220	26 for and receive a new card if the person is otherwise eligible
221	221	27 under this section. It shall be the duty of a person who moves
222	222	Page 8 1 his or her residence outside the State of Alabama or who
223	223	2 ceases to be qualified to vote to surrender his or her card to
224	224	3 the Secretary of State.
225	225	4 "(m) (l) The Secretary of State is authorized to
226	226	5 contract with a private provider for the production of the
227	227	6 Alabama photo voter identification card pursuant to any
228	228	7 applicable state bid laws.
229	229	8 "(n) (m) The expenses for the production of the
230	230	9 Alabama photo voter identification card shall be paid from
231	231	10 funds appropriated in the state General Fund for Registration
232	232	11 of Voters.
233	233	12 "(o) (n) The Secretary of State is directed to
234	234	13 inform the public regarding the requirements of subsection (a)
235	235	14 through whatever means deemed necessary by the Secretary of
236	236	15 State.
237	237	16 "(p) (o) The Secretary of State is granted
238	238	17 rulemaking authority for the implementation of this section
239	239	18 under the Alabama Administrative Procedure Act.
240	240	19 "§17-11-2.
241	241	20 "In each county there shall be an "absentee election
242	242	21 manager," who shall fulfill the duties assigned by this
243	243	22 chapter. The circuit clerk of the county shall, at his or her
244	244	23 option, be the absentee election manager. If the circuit clerk
245	245	24 of the county declines the duties of absentee election
246	246	25 manager, the appointing board shall thereupon appoint an
247	247	26 absentee election manager, who shall be a person qualified by
248	248	27 training and experience, who is a qualified elector of the
249	249	Page 9 1 county and who is not a candidate in the election to perform
250	250	2 the duties assigned by this chapter. The county commission
251	251	3 shall designate the place or office where such duties shall be
252	252	4 performed. Such The place or office shall be open on the days
253	253	5 and during the hours as that of the circuit clerk prior to
254	254	6 each election and the absentee election manager or circuit
255	255	7 clerk shall not expand its hours of operation outside of its
256	256	8 normal business hours during an election year. Any person so
257	257	9 appointed shall have all the powers, duties, and
258	258	10 responsibilities of the circuit clerk for the purposes of this
259	259	11 chapter, including the power to administer oaths. Such These
260	260	12 powers, duties, and responsibilities shall terminate when the
261	261	13 election results are certified. The absentee election manager
262	262	14 or circuit clerk shall be entitled to the same compensation
263	263	15 for the performance of his or her duties as is provided in
264	264	16 Section 17-11-14.
265	265	17 "§17-11-4.
266	266	18 "(a) The application required in Section 17-11-3
267	267	19 shall be filed with the person designated to serve as the
268	268	20 absentee election manager. The application shall be in a form
269	269	21 prescribed and designed by the Secretary of State and shall be
270	270	22 used throughout the state. Notwithstanding the foregoing,
271	271	23 handwritten applications can also be accepted at any time
272	272	24 prior to the five-day deadline to receive absentee ballot
273	273	25 applications as provided in Section 17-11-3. The application
274	274	26 shall contain sufficient information to identify the applicant
275	275	27 and shall include the applicant's name, residence address, or
276	276	Page 10 1 such other information necessary to verify that the applicant
277	277	2 is a registered voter. The application shall also list all
278	278	3 felonies of moral turpitude, as provided in Section 17-3-30.1.
279	279	4 Any applicant may receive assistance in filling out the
280	280	5 application as he or she desires, but each application shall
281	281	6 be manually signed by the applicant and, if he or she signs by
282	282	7 mark, the name of the witness to his or her signature shall be
283	283	8 signed thereon. The application may be handed by the applicant
284	284	9 to the absentee election manager or forwarded to him or her by
285	285	10 United States mail or by commercial carrier, as determined by
286	286	11 rule by the Secretary of State. An application for a voter who
287	287	12 requires emergency treatment by a licensed physician within
288	288	13 five days before an election pursuant to Section 17-11-3 may
289	289	14 be forwarded to the absentee election manager by the applicant
290	290	15 or his or her designee. Application forms that are printed and
291	291	16 made available to any applicant by the absentee election
292	292	17 manager shall have printed thereon all penalties provided for
293	293	18 any violation of this chapter. The Secretary of State shall
294	294	19 provide applications for absentee voting to military and
295	295	20 overseas voters in accordance with Section 17-4-35.
296	296	21 "(b) The absentee election manager, within 10
297	297	22 calendar days of an election, shall submit a report to the
298	298	23 Secretary of State and Attorney General listing the names of
299	299	24 any voter who requested an absentee ballot to be mailed to an
300	300	25 address where more than four absentee ballots were requested
301	301	26 and any voter who requested an absentee ballot in a county
302	302	Page 11 1 other than the county in which the voter is registered to
303	303	2 vote.
304	304	3 "§17-11-5.
305	305	4 "(a) Upon receipt of an application for an absentee
306	306	5 ballot as provided in Section 17-11-3, if the applicant's name
307	307	6 appears on the list of qualified voters produced from the
308	308	7 state voter registration list in the election to be held, or
309	309	8 if the applicant qualifies for a provisional absentee ballot,
310	310	9 the absentee election manager shall furnish the absentee
311	311	10 ballot to the applicant by: (1) Forwarding it by United States
312	312	11 mail to the applicant's or voter's residence address or, upon
313	313	12 written request of the voter, to the address where the voter
314	314	13 regularly receives mail; or (2) by handing the absentee ballot
315	315	14 to the applicant in person or, in the case of emergency voting
316	316	15 when the applicant requires medical treatment, his or her
317	317	16 designee in person. If the absentee election manager has
318	318	17 reasonable cause to believe that the applicant has given a
319	319	18 fraudulent address on the application for the absentee ballot,
320	320	19 the absentee election manager shall turn over the ballot
321	321	20 application to the district attorney for any action which may
322	322	21 be necessary under this chapter. The absentee election manager
323	323	22 may require additional proof of an applicant's eligibility to
324	324	23 vote absentee when there is evidence of continuous absentee
325	325	24 voting. The absentee election manager shall mail any absentee
326	326	25 ballot requested to be mailed as provided in Section 17-11-3
327	327	26 no later than the next business day after an application has
328	328	27 been received unless the absentee ballots have not been
329	329	Page 12 1 delivered to the absentee election manager. If the absentee
330	330	2 ballots have not been so delivered, the absentee election
331	331	3 manager shall hold all requests until the ballots are
332	332	4 delivered and shall then respond by placing ballots in the
333	333	5 mail no later than the next business day.
334	334	6 "(b) The official list of qualified voters shall be
335	335	7 furnished to the absentee election manager by the judge of
336	336	8 probate using a printout from the state voter registration
337	337	9 list of registered voters for that county containing voter
338	338	10 registration information useful in the identification of
339	339	11 absentee voters. The information provided in this report shall
340	340	12 be established by rules adopted by the Secretary of State with
341	341	13 the advice of the Alabama Circuit Court Clerks Association or
342	342	14 its members and shall indicate whether the individual is
343	343	15 obligated to produce identification in accordance with
344	344	16 Sections 17-9-30 and 17-10-1. The Secretary of State may
345	345	17 further provide by administrative rule for electronic access
346	346	18 to this list for optional use by the absentee election
347	347	19 manager. This list shall be made available beginning at least
348	348	20 55 days before the election. In municipal elections, the
349	349	21 official list of qualified voters shall be furnished to the
350	350	22 absentee election manager at least 35 days before the
351	351	23 election. Any supplemental list of qualified electors shall
352	352	24 also be provided to the absentee election manager as soon as
353	353	25 the list becomes available. The absentee election manager
354	354	26 shall underscore on the list the name of each voter who has
355	355	27 applied for an absentee ballot and shall write immediately
356	356	Page 13 1 beside his or her name the word "absentee." The Secretary of
357	357	2 State by rule may provide for electronic access to the
358	358	3 absentee election manager's county list of registered voters
359	359	4 in lieu of the printed list and for the method of identifying
360	360	5 applicants for absentee ballots in conjunction with the state
361	361	6 voter registration list.
362	362	7 "(c)(1) The list of electors voting by absentee
363	363	8 ballot shall remain confidential until the day following the
364	364	9 election. The absentee election manager shall enroll the name,
365	365	10 voting place of the applicant, the date the application was
366	366	11 received, date the ballot was sent, and date that the ballot
367	367	12 was returned on a list of absentee voters. Each day the
368	368	13 absentee election manager shall enter on the list the names,
369	369	14 addresses, and voting places of each voter who has that day
370	370	15 applied for an absentee ballot and shall, for all elections
371	371	16 other than municipal elections, post a copy of the list of
372	372	17 applications received each day on the regular bulletin board
373	373	18 or other public place in the county courthouse. In municipal
374	374	19 elections, the absentee election manager shall post a copy of
375	375	20 the list of applications received each day on the regular
376	376	21 bulletin board or other public place in the city hall. The
377	377	22 absentee election manager in all elections shall deliver to
378	378	23 the board of registrars, the day following the election, a
379	379	24 copy of the list of all absentee voters, at which point the
380	380	25 list is deemed a public record. The list shall be maintained
381	381	26 in the office of the circuit clerk for 60 days after the
382	382	27 election, at which time it shall be delivered to the judge of
383	383	Page 14 1 probate. Before the polls open at any election on election
384	384	2 day, the absentee election manager shall effectuate the
385	385	3 delivery to the election officers of each voting place a list
386	386	4 showing the name and address of every person whose name
387	387	5 appears on the official list of qualified electors for the
388	388	6 voting place who applied for an absentee ballot in the
389	389	7 election. The name of the person who applied for an absentee
390	390	8 ballot shall be identified as an absentee voter on the list of
391	391	9 qualified electors kept at the voting place, and the person
392	392	10 shall not vote again, except that in county, state, and
393	393	11 federal elections the person may vote a provisional ballot.
394	394	12 Applications for absentee ballots are required for elections
395	395	13 that are more than 42 days apart, except as to individuals
396	396	14 voting pursuant to the federal Uniformed and Overseas Absentee
397	397	15 Voting Act, 42 U.S.C. 1973ff 52 U.S.C. §§ 20301-20311.
398	398	16 "(2) The absentee election manager shall redact any
399	399	17 information required to be redacted pursuant to Section
400	400	18 17-4-33 from any copy of an absentee voter list. This
401	401	19 subdivision shall not affect poll lists used at local
402	402	20 precincts.
403	403	21 "(d) Each absentee ballot issued under subsection
404	404	22 (a) shall be assigned an individually identifying tracking
405	405	23 number.
406	406	24 "(d) (e) For individuals voting pursuant to the
407	407	25 federal Uniformed and Overseas Absentee Voting Act, 42 U.S.C.
408	408	26 1973ff 52 U.S.C. §§ 20301-20311, the Secretary of State, by
409	409	27 rule, shall prescribe use of standardized military and
410	410	Page 15 1 overseas voter registration applications and applications for
411	411	2 absentee ballots adopted by the United States government. The
412	412	3 Secretary of State shall also prescribe by rule provisions
413	413	4 within the standard state application form for absentee voting
414	414	5 which permit the voter to identify himself or herself as a
415	415	6 military or overseas voter. Unless otherwise indicated by the
416	416	7 military or overseas voter, an application for an absentee
417	417	8 ballot by such a voter shall remain valid for any election for
418	418	9 a federal, state, or county office or for any proposed
419	419	10 constitutional amendment or a state or county referendum held
420	420	11 through the end of the calendar year in which the application
421	421	12 is filed, provided that if an election cycle begins one year
422	422	13 and continues into the subsequent year, the application shall
423	423	14 be valid for the whole election cycle. The absentee election
424	424	15 manager shall provide an absentee ballot to the military and
425	425	16 overseas voters for each such subsequent election. The
426	426	17 absentee election manager, within seven days after each
427	427	18 regularly scheduled general election for federal office, shall
428	428	19 report the number of military and overseas ballots mailed out
429	429	20 and the number of ballots received to the Secretary of State,
430	430	21 who shall report this information to the Federal Election
431	431	22 Assistance Commission within 90 days of each regularly
432	432	23 scheduled general election for federal office.
433	433	24 "§17-11-11.
434	434	25 "(a) For every primary, general, special, or
435	435	26 municipal election, there shall be appointed one inspector and
436	436	27 at least three clerks, named and notified as are other
437	437	Page 16 1 election officials under the general laws of the state, who
438	438	2 shall meet, at the regular time of closing of the election on
439	439	3 that day, in the courthouse, or municipal building for
440	440	4 municipal elections, as designated by the absentee election
441	441	5 manager for the purpose of counting and returning the ballots
442	442	6 cast by absentee voters. The returns from the absentee
443	443	7 precinct shall be made as required by law for all other boxes.
444	444	8 It shall be unlawful for any election official or other person
445	445	9 to publish or make known to anyone the results of the count of
446	446	10 absentee votes before the polls close.
447	447	11 "(b) Any person or organization authorized to
448	448	12 appoint poll watchers under Sections 17-8-7 and 17-13-11 may
449	449	13 have a single one poll watcher for every 10,000 absentee
450	450	14 ballots present at the counting of absentee ballots, with the
451	451	15 rights as are conferred by the sections and by any other
452	452	16 provisions of state law.
453	453	17 "(c) This section shall not apply to municipal
454	454	18 elections in cities and towns of less than 10,000 inhabitants
455	455	19 which are held at a time different from a primary or general
456	456	20 election. These cities or towns may establish a procedure for
457	457	21 the appointment of absentee election officials pursuant to
458	458	22 subsection (c) of Section 11-46-27 by permanent ordinance
459	459	23 adopted six months prior to the municipal election.
460	460	24 "§17-11-18.
461	461	25 "(a) No absentee ballot shall be opened or counted
462	462	26 if received by the absentee election manager by mail, unless
463	463	27 received by mail no later than noon on the day of election,
464	464	Page 17 1 or, if received by the absentee election manager by hand
465	465	2 delivery, unless so delivered by the voter or medical
466	466	3 emergency designee to the absentee election manager not later
467	467	4 than the close of the last business day next preceding the
468	468	5 election or, if delivered by the medical emergency designee,
469	469	6 by noon on the day of the election. Any absentee ballot
470	470	7 received by mail after noon on election day up to six calendar
471	471	8 days after the election shall be deemed a provisional ballot
472	472	9 and counted pursuant to Section 17-10-2 if the absentee
473	473	10 election manager determines that the ballot should be counted
474	474	11 pursuant to the provisions of 17-11-10.
475	475	12 "(b) The above provision does not apply in the case
476	476	13 of individuals voting absentee pursuant to the federal
477	477	14 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA),
478	478	15 52 U.S.C. §§ 20301-20311, when those individuals are voting in
479	479	16 a primary, second primary, general, or special election for a
480	480	17 federal, state, or county office or proposed constitutional
481	481	18 amendment or other referenda. In the case of UOCAVA voters
482	482	19 voting absentee in a primary, second primary, general, or
483	483	20 special election for a federal, state, or county office or
484	484	21 proposed constitutional amendment or other referenda, no
485	485	22 absentee ballot shall be opened or counted, if received by the
486	486	23 absentee election manager by mail, unless postmarked as of the
487	487	24 day of the primary, second primary, general, or special
488	488	25 election and received by mail no later than noon seven days
489	489	26 after the primary, second primary, general, or special
490	490	27 election."
491	491	Page 18 1 Section 2. This act shall become effective on the
492	492	2 first day of the third month following its passage and
493	493	3 approval by the Governor, or its otherwise becoming law.
494	494	Page 19