1 HB354
2 217407-1
3 By Representative Mooney
4 RFD: Constitution, Campaigns and Elections
5 First Read: 15-FEB-22
Page 0 1 217407-1:n:02/09/2022:ANS/ cr LSA2022-631
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8 SYNOPSIS: Under existing law, voters requesting an
9 absentee ballot must submit photo identification
10 with the absentee ballot application.
11 Under existing law, the absentee election
12 manager is required to be open on the days and
13 during the hours as that of the circuit clerk.
14 Under existing law, the list of electors
15 voting by absentee ballot is confidential until the
16 day following an election.
17 Under existing law, a person or organization
18 authorized by law may appoint one poll watcher to
19 be present for the counting of absentee ballots.
20 Under existing law, an absentee ballot,
21 except one cast pursuant to the Uniformed and
22 Overseas Citizens Absentee Voting Act (UOCAVA),
23 cannot be counted unless received by mail or hand
24 delivery no later than noon on election day.
25 This bill would require that the photo
26 identification be submitted with the absentee
27 ballot rather than the absentee ballot application.
Page 1 1 This bill would prohibit the absentee
2 election manager and circuit clerk from extending
3 its hours of operation outside of its normal
4 business hours during an election year.
5 This bill would require the absentee
6 election manager to report to the Secretary of
7 State and Attorney General listing the names of any
8 voters who requested that an absentee ballot be
9 mailed to an address where a number of absentee
10 ballots were requested, and that names of any
11 voters who requested an absentee ballot in a county
12 other than the county in which the voter is
13 registered to vote.
14 This bill would require the absentee
15 election manager to record the name, voting place
16 of the applicant, date the application was
17 received, date the ballot was sent, and date the
18 ballot was returned on a list of absentee voters
19 and to post a copy of the list of voters who have
20 requested an absentee ballot each day on the
21 regular bulletin board or other public place in the
22 county courthouse.
23 This bill would require that each absentee
24 ballot have an identifying tracking number.
25 This bill would increase the number of poll
26 watchers when a certain amount of absentee ballots
27 have been received.
Page 2 1 This bill would also provide that any
2 absentee ballot received by mail a certain number
3 of calendar days after the election shall be deemed
4 a provisional ballot.
5
6 A BILL
7 TO BE ENTITLED
8 AN ACT
9
10 Relating to absentee voting; to amend Sections
11 17-9-30, 17-11-2, 17-11-4, 17-11-5, and 17-11-11, Code of
12 Alabama 1975, and Section 17-11-18, Code of Alabama 1975, as
13 last amended by Act 2021-364 of the 2021 Regular Session; to
14 require photo identification to be submitted with the absentee
15 ballot rather than the absentee ballot application; to
16 prohibit the absentee election manager and circuit clerk from
17 extending its hours of operation outside of its normal
18 business hours during an election year; to require the
19 absentee election manager to submit a report to the Secretary
20 of State and Attorney General relating to certain absentee
21 ballot requests; to require the absentee election manager to
22 record certain activities relating to each absentee ballot and
23 to post a copy of the list of voters who have requested an
24 absentee ballot each day on the regular bulletin board or
25 other public place in the county courthouse; to require that
26 each absentee ballot have an identifying tracking number; to
27 increase the number of poll watchers; to observe counting of
Page 3 1 absentee ballots in certain circumstances; and to provide that
2 any absentee ballot received by mail a certain number of
3 calendar days after the election shall be deemed a provisional
4 ballot.
5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
6 Section 1. Sections 17-9-30, 17-11-2, 17-11-4,
7 17-11-5, and 17-11-11, Code of Alabama 1975, and Section
8 17-11-18, Code of Alabama 1975, as last amended by Act
9 2021-364 of the 2021 Regular Session, are amended to read as
10 follows:
11 "§17-9-30.
12 "(a) Each elector shall provide valid photo
13 identification to an appropriate election official prior to
14 voting. A voter required to show valid photo identification
15 when voting in person shall present to the appropriate
16 election official one of the following forms of valid photo
17 identification:
18 "(1) A valid Alabama driver's license or nondriver
19 identification card which was properly issued by the
20 appropriate state or county department or agency.
21 "(2) A valid Alabama photo voter identification card
22 issued under subsection (g) or other valid identification card
23 issued by a branch, department, agency, or entity of the State
24 of Alabama, any other state, or the United States authorized
25 by law to issue personal identification, provided that such
26 the identification card contains a photograph of the elector.
27 "(3) A valid United States passport.
Page 4 1 "(4) A valid employee identification card containing
2 the photograph of the elector and issued by any branch,
3 department, agency, or entity of the United States government,
4 this state, or any county, municipality, board, authority, or
5 other entity of this state.
6 "(5) A valid student or employee identification card
7 issued by a public or private college, university, or
8 postgraduate technical or professional school located within
9 the state, provided that such the identification card contains
10 a photograph of the elector.
11 "(6) A valid United States military identification
12 card, provided that such the identification card contains a
13 photograph of the elector.
14 "(7) A valid tribal identification card containing a
15 photograph of the elector.
16 "(b) Voters requesting an An elector voting by
17 absentee ballot shall submit with the absentee ballot
18 application a copy of one of the forms of identification
19 listed in subsection (a). Notwithstanding subsection (e), an
20 absentee ballot shall not be issued counted unless the
21 required identification is submitted with the absentee ballot
22 application except as provided in subsection (c).
23 "(c) Notwithstanding subsection (b), if an absentee
24 election manager receives an absentee ballot application on or
25 after the eighth day prior to the election without a copy of
26 one of the forms of identification listed in subsection (a),
27 the absentee election manager, if the applicant is otherwise
Page 5 1 qualified to vote, shall issue the absentee ballot as a
2 provisional ballot pursuant to subdivision (1) of subsection
3 (c) of Section 17-10-2.
4 "(d) (c) Notwithstanding subsection (b), a voter who
5 is entitled to vote by absentee ballot pursuant to the
6 Uniformed and Overseas Citizens Absentee Voting Act
7 (subchapter I-G of Chapter 20 of Title 42 U.S.C.); Section
8 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and
9 Handicapped Act (subchapter I-F of Chapter 20 of Title 42
10 U.S.C.); or any other federal law, shall not be required to
11 produce identification prior to voting.
12 "(e) (d) An individual required to present valid
13 photo identification in accordance with this section who is
14 unable to meet the identification requirements of this section
15 shall be permitted to vote by a provisional ballot, as
16 provided for by law.
17 "(f) (e) In addition, an individual who does not
18 have valid photo identification in his or her possession at
19 the polls shall be permitted to vote if the individual is
20 positively identified by two election officials as a voter on
21 the poll list who is eligible to vote and the election
22 officials sign a sworn affidavit so stating.
23 "(g) (f) The Secretary of State shall issue, upon
24 application, an Alabama photo voter identification card to
25 registered Alabama electors which shall under state law be
26 valid only for the purposes of voter identification under
27 subsection (a) and available only to registered electors of
Page 6 1 this state. No fee shall be charged or collected for the
2 application for or issuance of an Alabama photo voter
3 identification card.
4 "(h) (g) No person shall be eligible for an Alabama
5 photo voter identification card if such the person has a valid
6 unexpired driver's license, nondriver identification card, or
7 any other photo identification described in subsection (a).
8 "(i) (h) The Alabama photo voter identification card
9 shall be captioned ALABAMA PHOTO VOTER IDENTIFICATION CARD and
10 shall contain a prominent statement that under Alabama law the
11 card is valid only as identification for voting purposes. The
12 Alabama photo voter identification card shall be laminated,
13 shall contain a digital color photograph of the applicant,
14 shall have the signature of the Secretary of State, and shall
15 include the following information:
16 "(1) Full legal name.
17 "(2) Address as reflected in the person's voter
18 registration record.
19 "(3) Date of birth.
20 "(4) Eye color.
21 "(5) Gender.
22 "(6) Height.
23 "(7) Weight.
24 "(8) Date identification card was issued.
25 "(9) Other information as required by rule of the
26 Secretary of State.
Page 7 1 "(j) (i) The application for an Alabama photo voter
2 identification card shall elicit the information required
3 under subdivisions (1) to (7), inclusive, of subsection (i)
4 (h). The application shall be signed and sworn to by the
5 applicant, and any falsification or fraud in the making of the
6 application shall constitute a Class C felony.
7 "(k) (j) The Secretary of State shall require
8 presentation and verification of the following information
9 before issuing an Alabama photo voter identification card to a
10 person:
11 "(1) A photo identity document, except that a
12 non-photo identity document is acceptable if the document
13 includes both the person's full legal name and date of birth.
14 "(2) Documentation showing the person's date of
15 birth.
16 "(3) Documentation showing the person is registered
17 to vote in this state.
18 "(4) Documentation showing the person's name and
19 address as reflected in the voter registration record.
20 "(l) (k) An Alabama photo voter identification card
21 shall remain valid so long as the person resides at that same
22 address and remains qualified to vote. It shall be the duty of
23 a person who moves his or her residence within the State of
24 Alabama to surrender his or her card to the Secretary of
25 State, and such the person may after such the surrender apply
26 for and receive a new card if the person is otherwise eligible
27 under this section. It shall be the duty of a person who moves
Page 8 1 his or her residence outside the State of Alabama or who
2 ceases to be qualified to vote to surrender his or her card to
3 the Secretary of State.
4 "(m) (l) The Secretary of State is authorized to
5 contract with a private provider for the production of the
6 Alabama photo voter identification card pursuant to any
7 applicable state bid laws.
8 "(n) (m) The expenses for the production of the
9 Alabama photo voter identification card shall be paid from
10 funds appropriated in the state General Fund for Registration
11 of Voters.
12 "(o) (n) The Secretary of State is directed to
13 inform the public regarding the requirements of subsection (a)
14 through whatever means deemed necessary by the Secretary of
15 State.
16 "(p) (o) The Secretary of State is granted
17 rulemaking authority for the implementation of this section
18 under the Alabama Administrative Procedure Act.
19 "§17-11-2.
20 "In each county there shall be an "absentee election
21 manager," who shall fulfill the duties assigned by this
22 chapter. The circuit clerk of the county shall, at his or her
23 option, be the absentee election manager. If the circuit clerk
24 of the county declines the duties of absentee election
25 manager, the appointing board shall thereupon appoint an
26 absentee election manager, who shall be a person qualified by
27 training and experience, who is a qualified elector of the
Page 9 1 county and who is not a candidate in the election to perform
2 the duties assigned by this chapter. The county commission
3 shall designate the place or office where such duties shall be
4 performed. Such The place or office shall be open on the days
5 and during the hours as that of the circuit clerk prior to
6 each election and the absentee election manager or circuit
7 clerk shall not expand its hours of operation outside of its
8 normal business hours during an election year. Any person so
9 appointed shall have all the powers, duties, and
10 responsibilities of the circuit clerk for the purposes of this
11 chapter, including the power to administer oaths. Such These
12 powers, duties, and responsibilities shall terminate when the
13 election results are certified. The absentee election manager
14 or circuit clerk shall be entitled to the same compensation
15 for the performance of his or her duties as is provided in
16 Section 17-11-14.
17 "§17-11-4.
18 "(a) The application required in Section 17-11-3
19 shall be filed with the person designated to serve as the
20 absentee election manager. The application shall be in a form
21 prescribed and designed by the Secretary of State and shall be
22 used throughout the state. Notwithstanding the foregoing,
23 handwritten applications can also be accepted at any time
24 prior to the five-day deadline to receive absentee ballot
25 applications as provided in Section 17-11-3. The application
26 shall contain sufficient information to identify the applicant
27 and shall include the applicant's name, residence address, or
Page 10 1 such other information necessary to verify that the applicant
2 is a registered voter. The application shall also list all
3 felonies of moral turpitude, as provided in Section 17-3-30.1.
4 Any applicant may receive assistance in filling out the
5 application as he or she desires, but each application shall
6 be manually signed by the applicant and, if he or she signs by
7 mark, the name of the witness to his or her signature shall be
8 signed thereon. The application may be handed by the applicant
9 to the absentee election manager or forwarded to him or her by
10 United States mail or by commercial carrier, as determined by
11 rule by the Secretary of State. An application for a voter who
12 requires emergency treatment by a licensed physician within
13 five days before an election pursuant to Section 17-11-3 may
14 be forwarded to the absentee election manager by the applicant
15 or his or her designee. Application forms that are printed and
16 made available to any applicant by the absentee election
17 manager shall have printed thereon all penalties provided for
18 any violation of this chapter. The Secretary of State shall
19 provide applications for absentee voting to military and
20 overseas voters in accordance with Section 17-4-35.
21 "(b) The absentee election manager, within 10
22 calendar days of an election, shall submit a report to the
23 Secretary of State and Attorney General listing the names of
24 any voter who requested an absentee ballot to be mailed to an
25 address where more than four absentee ballots were requested
26 and any voter who requested an absentee ballot in a county
Page 11 1 other than the county in which the voter is registered to
2 vote.
3 "§17-11-5.
4 "(a) Upon receipt of an application for an absentee
5 ballot as provided in Section 17-11-3, if the applicant's name
6 appears on the list of qualified voters produced from the
7 state voter registration list in the election to be held, or
8 if the applicant qualifies for a provisional absentee ballot,
9 the absentee election manager shall furnish the absentee
10 ballot to the applicant by: (1) Forwarding it by United States
11 mail to the applicant's or voter's residence address or, upon
12 written request of the voter, to the address where the voter
13 regularly receives mail; or (2) by handing the absentee ballot
14 to the applicant in person or, in the case of emergency voting
15 when the applicant requires medical treatment, his or her
16 designee in person. If the absentee election manager has
17 reasonable cause to believe that the applicant has given a
18 fraudulent address on the application for the absentee ballot,
19 the absentee election manager shall turn over the ballot
20 application to the district attorney for any action which may
21 be necessary under this chapter. The absentee election manager
22 may require additional proof of an applicant's eligibility to
23 vote absentee when there is evidence of continuous absentee
24 voting. The absentee election manager shall mail any absentee
25 ballot requested to be mailed as provided in Section 17-11-3
26 no later than the next business day after an application has
27 been received unless the absentee ballots have not been
Page 12 1 delivered to the absentee election manager. If the absentee
2 ballots have not been so delivered, the absentee election
3 manager shall hold all requests until the ballots are
4 delivered and shall then respond by placing ballots in the
5 mail no later than the next business day.
6 "(b) The official list of qualified voters shall be
7 furnished to the absentee election manager by the judge of
8 probate using a printout from the state voter registration
9 list of registered voters for that county containing voter
10 registration information useful in the identification of
11 absentee voters. The information provided in this report shall
12 be established by rules adopted by the Secretary of State with
13 the advice of the Alabama Circuit Court Clerks Association or
14 its members and shall indicate whether the individual is
15 obligated to produce identification in accordance with
16 Sections 17-9-30 and 17-10-1. The Secretary of State may
17 further provide by administrative rule for electronic access
18 to this list for optional use by the absentee election
19 manager. This list shall be made available beginning at least
20 55 days before the election. In municipal elections, the
21 official list of qualified voters shall be furnished to the
22 absentee election manager at least 35 days before the
23 election. Any supplemental list of qualified electors shall
24 also be provided to the absentee election manager as soon as
25 the list becomes available. The absentee election manager
26 shall underscore on the list the name of each voter who has
27 applied for an absentee ballot and shall write immediately
Page 13 1 beside his or her name the word "absentee." The Secretary of
2 State by rule may provide for electronic access to the
3 absentee election manager's county list of registered voters
4 in lieu of the printed list and for the method of identifying
5 applicants for absentee ballots in conjunction with the state
6 voter registration list.
7 "(c)(1) The list of electors voting by absentee
8 ballot shall remain confidential until the day following the
9 election. The absentee election manager shall enroll the name,
10 voting place of the applicant, the date the application was
11 received, date the ballot was sent, and date that the ballot
12 was returned on a list of absentee voters. Each day the
13 absentee election manager shall enter on the list the names,
14 addresses, and voting places of each voter who has that day
15 applied for an absentee ballot and shall, for all elections
16 other than municipal elections, post a copy of the list of
17 applications received each day on the regular bulletin board
18 or other public place in the county courthouse. In municipal
19 elections, the absentee election manager shall post a copy of
20 the list of applications received each day on the regular
21 bulletin board or other public place in the city hall. The
22 absentee election manager in all elections shall deliver to
23 the board of registrars, the day following the election, a
24 copy of the list of all absentee voters, at which point the
25 list is deemed a public record. The list shall be maintained
26 in the office of the circuit clerk for 60 days after the
27 election, at which time it shall be delivered to the judge of
Page 14 1 probate. Before the polls open at any election on election
2 day, the absentee election manager shall effectuate the
3 delivery to the election officers of each voting place a list
4 showing the name and address of every person whose name
5 appears on the official list of qualified electors for the
6 voting place who applied for an absentee ballot in the
7 election. The name of the person who applied for an absentee
8 ballot shall be identified as an absentee voter on the list of
9 qualified electors kept at the voting place, and the person
10 shall not vote again, except that in county, state, and
11 federal elections the person may vote a provisional ballot.
12 Applications for absentee ballots are required for elections
13 that are more than 42 days apart, except as to individuals
14 voting pursuant to the federal Uniformed and Overseas Absentee
15 Voting Act, 42 U.S.C. 1973ff 52 U.S.C. §§ 20301-20311.
16 "(2) The absentee election manager shall redact any
17 information required to be redacted pursuant to Section
18 17-4-33 from any copy of an absentee voter list. This
19 subdivision shall not affect poll lists used at local
20 precincts.
21 "(d) Each absentee ballot issued under subsection
22 (a) shall be assigned an individually identifying tracking
23 number.
24 "(d) (e) For individuals voting pursuant to the
25 federal Uniformed and Overseas Absentee Voting Act, 42 U.S.C.
26 1973ff 52 U.S.C. §§ 20301-20311, the Secretary of State, by
27 rule, shall prescribe use of standardized military and
Page 15 1 overseas voter registration applications and applications for
2 absentee ballots adopted by the United States government. The
3 Secretary of State shall also prescribe by rule provisions
4 within the standard state application form for absentee voting
5 which permit the voter to identify himself or herself as a
6 military or overseas voter. Unless otherwise indicated by the
7 military or overseas voter, an application for an absentee
8 ballot by such a voter shall remain valid for any election for
9 a federal, state, or county office or for any proposed
10 constitutional amendment or a state or county referendum held
11 through the end of the calendar year in which the application
12 is filed, provided that if an election cycle begins one year
13 and continues into the subsequent year, the application shall
14 be valid for the whole election cycle. The absentee election
15 manager shall provide an absentee ballot to the military and
16 overseas voters for each such subsequent election. The
17 absentee election manager, within seven days after each
18 regularly scheduled general election for federal office, shall
19 report the number of military and overseas ballots mailed out
20 and the number of ballots received to the Secretary of State,
21 who shall report this information to the Federal Election
22 Assistance Commission within 90 days of each regularly
23 scheduled general election for federal office.
24 "§17-11-11.
25 "(a) For every primary, general, special, or
26 municipal election, there shall be appointed one inspector and
27 at least three clerks, named and notified as are other
Page 16 1 election officials under the general laws of the state, who
2 shall meet, at the regular time of closing of the election on
3 that day, in the courthouse, or municipal building for
4 municipal elections, as designated by the absentee election
5 manager for the purpose of counting and returning the ballots
6 cast by absentee voters. The returns from the absentee
7 precinct shall be made as required by law for all other boxes.
8 It shall be unlawful for any election official or other person
9 to publish or make known to anyone the results of the count of
10 absentee votes before the polls close.
11 "(b) Any person or organization authorized to
12 appoint poll watchers under Sections 17-8-7 and 17-13-11 may
13 have a single one poll watcher for every 10,000 absentee
14 ballots present at the counting of absentee ballots, with the
15 rights as are conferred by the sections and by any other
16 provisions of state law.
17 "(c) This section shall not apply to municipal
18 elections in cities and towns of less than 10,000 inhabitants
19 which are held at a time different from a primary or general
20 election. These cities or towns may establish a procedure for
21 the appointment of absentee election officials pursuant to
22 subsection (c) of Section 11-46-27 by permanent ordinance
23 adopted six months prior to the municipal election.
24 "§17-11-18.
25 "(a) No absentee ballot shall be opened or counted
26 if received by the absentee election manager by mail, unless
27 received by mail no later than noon on the day of election,
Page 17 1 or, if received by the absentee election manager by hand
2 delivery, unless so delivered by the voter or medical
3 emergency designee to the absentee election manager not later
4 than the close of the last business day next preceding the
5 election or, if delivered by the medical emergency designee,
6 by noon on the day of the election. Any absentee ballot
7 received by mail after noon on election day up to six calendar
8 days after the election shall be deemed a provisional ballot
9 and counted pursuant to Section 17-10-2 if the absentee
10 election manager determines that the ballot should be counted
11 pursuant to the provisions of 17-11-10.
12 "(b) The above provision does not apply in the case
13 of individuals voting absentee pursuant to the federal
14 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA),
15 52 U.S.C. §§ 20301-20311, when those individuals are voting in
16 a primary, second primary, general, or special election for a
17 federal, state, or county office or proposed constitutional
18 amendment or other referenda. In the case of UOCAVA voters
19 voting absentee in a primary, second primary, general, or
20 special election for a federal, state, or county office or
21 proposed constitutional amendment or other referenda, no
22 absentee ballot shall be opened or counted, if received by the
23 absentee election manager by mail, unless postmarked as of the
24 day of the primary, second primary, general, or special
25 election and received by mail no later than noon seven days
26 after the primary, second primary, general, or special
27 election."
Page 18 1 Section 2. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
Page 19