Alabama 2022 Regular Session

Alabama House Bill HB473 Compare Versions

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

Old	New	Differences
1	1	1 HB473
2	2	2 218564-1
3	3	3 By Representative Hall
4	4	4 RFD: Constitution, Campaigns and Elections
5	5	5 First Read: 08-MAR-22
6	6
7	7	Page 0 1 218564-1:n:03/08/2022:ANS/cr LSA2022-174
8	8	2
9	9	3
10	10	4
11	11	5
12	12	6
13	13	7
14	14	8 SYNOPSIS: Under existing law, an individual who has
15	15	9 lost his or her right to vote based upon a past
16	16	10 criminal conviction may apply to the Board of
17	17	11 Pardons and Paroles for a Certificate of
18	18	12 Eligibility to Register to Vote under certain
19	19	13 circumstances, including payment of all fines,
20	20	14 court costs, fees, and victim restitution as
21	21	15 ordered by the sentencing court and completion of
22	22	16 probation or parole and release from compliance by
23	23	17 the court or Board of Pardons and Paroles.
24	24	18 This bill would eliminate the application
25	25	19 requirement and the Certificate of Eligibility to
26	26	20 Register to Vote and require the Board of Pardons
27	27	21 and Paroles to determine whether an individual may
28	28	22 have his or her right to vote restored if the
29	29	23 individual has lost his or her right to vote by
30	30	24 reason of conviction in a state or federal court
31	31	25 and has been pardoned or released from
32	32	26 incarceration or period of probation or parole.
33	33	Page 1 1 This bill would allow an indigent individual
34	34	2 to have his or her right to vote restored if he or
35	35	3 she has paid all fines and restitution and is in
36	36	4 compliance with an approved payment plan for the
37	37	5 payment of court costs and fees or an approved
38	38	6 community service plan to offset the payment of
39	39	7 court costs and fees.
40	40	8
41	41	9 A BILL
42	42	10 TO BE ENTITLED
43	43	11 AN ACT
44	44	12
45	45	13 Relating to voting rights; to amend Sections
46	46	14 15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
47	47	15 eliminate the application requirement and the Certificate of
48	48	16 Eligibility to Register to Vote; to require the Board of
49	49	17 Pardons and Paroles to determine whether an individual may
50	50	18 have his or her right to vote restored if the individual has
51	51	19 lost his or her right to vote by reason of conviction in a
52	52	20 state or federal court and has been pardoned or released from
53	53	21 incarceration or period of probation or parole; to allow an
54	54	22 indigent individual to have his or her right to vote restored
55	55	23 if he or she has paid all fines and restitution and is in
56	56	24 compliance with an approved payment plan for the payment of
57	57	25 court costs and fees or an approved community service plan to
58	58	26 offset the payment of court costs and fees; to remove
59	59	27 impeachment from the list of offenses that prohibit an
60	60	Page 2 1 individual from having his or her right to vote restored to
61	61	2 make consistent with existing law; and to add Section
62	62	3 17-3-31.1 to the Code of Alabama 1975, to require notification
63	63	4 to the individual that his or her right to vote has been
64	64	5 restored.
65	65	6 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
66	66	7 Section 1. Sections 15-22-36.1, 17-3-31, and 17-4-3,
67	67	8 Code of Alabama 1975, are amended to read as follows:
68	68	9 "§15-22-36.1.
69	69	10 "(a) Any other provision of law notwithstanding
70	70	11 Except as provided in subsection (h), any person individual
71	71	12 who has lost his or her right to vote by reason of conviction
72	72	13 in a state or federal court, regardless of the date of his or
73	73	14 her sentence, may apply to the Board of Pardons and Paroles
74	74	15 for a Certificate of Eligibility to Register to Vote shall
75	75	16 have his or her right to vote restored if all both of the
76	76	17 following requirements criteria are met on all disqualifying
77	77	18 cases:
78	78	19 "(1) The person has lost his or her right to vote by
79	79	20 reason of conviction in a state or federal court in any case
80	80	21 except those listed in subsection (g).
81	81	22 "(2) The person has no criminal felony charges
82	82	23 pending against him or her in any state or federal court.
83	83	24 "(3) The person has paid all fines, court costs,
84	84	25 fees, and victim restitution ordered by the sentencing court
85	85	26 at the time of sentencing on disqualifying cases.
86	86	Page 3 1 "(1) The individual has done either of the
87	87	2 following:
88	88	3 "a. Paid all fines, court costs, fees, and
89	89	4 restitution ordered by the sentencing court at the time of
90	90	5 sentencing.
91	91	6 "b. Paid all fines and restitution ordered by the
92	92	7 sentencing court and with regard to all court costs and fees,
93	93	8 has done either of the following:
94	94	9 " 1. Made all payments for a period of not less than
95	95	10 one year on court costs and fees pursuant to an approved
96	96	11 payment plan.
97	97	12 "2. Complied with an approved community service plan
98	98	13 pursuant to Section 3 of the act adding this amendatory
99	99	14 language for a period of not less than one year.
100	100	15 "(4) (2) Any of the following are true:
101	101	16 "a. The person individual has been released upon
102	102	17 completion of sentence.
103	103	18 "b. The person individual has been pardoned.
104	104	19 "c. The person individual has successfully completed
105	105	20 probation or parole and has been released from compliance by
106	106	21 the ordering entity.
107	107	22 "(b) The circuit clerk of the court in which any
108	108	23 outstanding fines, court costs, fees, or restitution are owed
109	109	24 shall apply payments in the following order of priority:
110	110	25 "(1) To any restitution owed on a disqualifying
111	111	26 case.
112	112	27 "(2) To any fines owed on a disqualifying case.
113	113	Page 4 1 "(3) To any restitution owed on a non-disqualifying
114	114	2 case.
115	115	3 "(4) To any fines, court costs, or fees owed on a
116	116	4 non-disqualifying case.
117	117	5 "(b) (c) The Certificate of Eligibility to Register
118	118	6 to Vote shall be granted board shall restore an individual's
119	119	7 right to vote upon a determination that all of the individual
120	120	8 has met the requirements criteria set forth in subsection (a)
121	121	9 are fulfilled.
122	122	10 "(c) Upon receipt of an application under this
123	123	11 section, (d) When an individual, who has lost his or her right
124	124	12 to vote by reason of conviction in a state or federal court in
125	125	13 any case except those listed in subsection (h), has met one of
126	126	14 the criteria set forth in subdivision (a)(2), the Board of
127	127	15 Pardons and Paroles shall conduct a review to determine if the
128	128	16 individual has complied with the criteria set forth in
129	129	17 subdivision (a)(1) investigation of the request shall be
130	130	18 assigned forthwith to an officer of the state Board of Pardons
131	131	19 and Paroles. The An assigned officer of the board shall
132	132	20 verify, through court records, records of the board, and
133	133	21 records of the Department of Corrections, that the applicant
134	134	22 individual has met the qualifications criteria set out in
135	135	23 subsection (a). Within 30 14 calendar days of the initial
136	136	24 application for a Certificate of Eligibility to Register to
137	137	25 Vote review, the officer shall draft a report of his or her
138	138	26 findings, including a statement as to whether the applicant
139	139	27 individual has successfully completed his or her sentence and
140	140	Page 5 1 has complied with all the eligibility requirements criteria
141	141	2 provided in subsection (a).
142	142	3 "(d) (e) After completing the investigation review
143	143	4 set out in subsection (c) (d), the officer shall submit his or
144	144	5 her report of investigation to the Executive Director of the
145	145	6 Board of Pardons and Paroles.
146	146	7 "(e) (f) If the report created pursuant to
147	147	8 subsection (c) (d) states that the applicant individual has
148	148	9 met all of the eligibility criteria set forth in subsection
149	149	10 (a), and the executive director or his or her designee attests
150	150	11 that the report has been submitted properly and accurately,
151	151	12 the Board of Pardons and Paroles shall issue a Certificate of
152	152	13 Eligibility to Register to Vote to restore the individual's
153	153	14 right to vote and shall notify the applicant individual that
154	154	15 his or her right to vote has been restored within 14 calendar
155	155	16 days of receipt of the report by the executive director.
156	156	17 "(f) (g) If the report created pursuant to
157	157	18 subsection (c) (d) states that the applicant individual has
158	158	19 not met all of the eligibility criteria set forth in
159	159	20 subsection (a), and the executive director or his or her
160	160	21 designee attests that the report has been submitted properly
161	161	22 and accurately, the Board of Pardons and Paroles shall not
162	162	23 issue a Certificate of Eligibility to Register to Vote and
163	163	24 shall not restore the individual's right to vote and shall
164	164	25 notify the applicant individual of the decision not to restore
165	165	26 his or right to vote and reason or reasons for the decision
166	166	27 within 14 calendar days of receipt of the report by the
167	167	Page 6 1 executive director. The notice shall state what measures the
168	168	2 individual must undertake in order to have his or her right to
169	169	3 vote restored. The applicant, upon completion of the
170	170	4 eligibility requirement in subsection (a) for restoration of
171	171	5 his or her rights, individual may submit a new application a
172	172	6 written request for a new review at any time if he or she has
173	173	7 met the certification criteria. Upon receipt of a new request,
174	174	8 the board shall conduct a review pursuant to the requirements
175	175	9 set forth in subsections (d) through (g).
176	176	10 "(g) A person (h) An individual who has lost his or
177	177	11 her right to vote by reason of conviction in a state or
178	178	12 federal court for any of the following offenses as they are
179	179	13 set forth in Section 17-3-30.1 will not be eligible to apply
180	180	14 for a Certificate of Eligibility to Register to Vote under
181	181	15 this section is not eligible to have his or her right to vote
182	182	16 restored: Impeachment, murder Murder, rape in any degree,
183	183	17 sodomy in any degree, sexual abuse in any degree, incest,
184	184	18 sexual torture, enticing a child to enter a vehicle for
185	185	19 immoral purposes, soliciting electronic solicitation of a
186	186	20 child by computer, production of obscene matter involving a
187	187	21 minor containing visual depiction of persons under 17 years of
188	188	22 age involved in obscene acts, distribution, possession with
189	189	23 intent to distribute, production of obscene material, or offer
190	190	24 or agreement to distribute or produce obscene material,
191	191	25 production of obscene matter, parents or guardians permitting
192	192	26 children to engage in production of obscene matter, possession
193	193	27 of obscene matter, possession with intent to distribute child
194	194	Page 7 1 pornography, or dissemination or public display of obscene
195	195	2 matter containing visual depiction of persons under 17 years
196	196	3 of age involved in obscene acts, possession and possession
197	197	4 with intent to disseminate obscene matter containing visual
198	198	5 depiction of persons under 17 years of age involved in obscene
199	199	6 acts, treason, or any crime as defined by the laws of the
200	200	7 United States or by the laws of another state, territory,
201	201	8 country, or other jurisdiction, which, if committed in this
202	202	9 state, would constitute one of the offenses listed in this
203	203	10 subsection.
204	204	11 "(h) (i) This section shall not affect the right of
205	205	12 any person individual to apply to the board for a pardon with
206	206	13 restoration of voting rights pursuant to Section 15-22-36.
207	207	14 "(i) (j) Each state or county correctional facility,
208	208	15 prison, or jail shall post materials to be prepared by the
209	209	16 Secretary of State and the Board of Pardons and Paroles
210	210	17 notifying incarcerated individuals of the requirements
211	211	18 criteria and procedures for having one's voting rights
212	212	19 restored.
213	213	20 "(k) No later than September 1, 2023, the Board of
214	214	21 Pardons and Paroles and the Secretary of State shall jointly
215	215	22 develop and make available on each agency's website a form
216	216	23 with instructions for any individual who met one of the
217	217	24 criteria set forth in subdivision (a)(2) prior to the
218	218	25 effective date of the act adding this amendatory language to
219	219	26 submit to the Board of Pardons and Paroles for review pursuant
220	220	27 to the requirements set forth in subsections (d) through (g).
221	221	Page 8 1 "(l) The Board of Pardons and Paroles shall provide
222	222	2 the Secretary of State with an individual's address and the
223	223	3 date upon which the board restored the right to vote to an
224	224	4 individual who has lost his or her right to vote by reason of
225	225	5 conviction in a state or federal court.
226	226	6 "(m) The Board of Pardons and Paroles shall post on
227	227	7 the board's website a list of individuals whose right to vote
228	228	8 has been restored pursuant to this section but do not have a
229	229	9 known address.
230	230	10 "§17-3-31.
231	231	11 "(a) Any person individual who is disqualified by
232	232	12 reason of conviction of any of the offenses mentioned in
233	233	13 offense designated pursuant to Section 17-3-30.1 as a felony
234	234	14 involving moral turpitude for the purposes of Article VIII of
235	235	15 the Constitution of Alabama of 1901, as amended by Amendment
236	236	16 579 of the Constitution of Alabama 1901, now appearing as
237	237	17 Section 177 of the Official Recompilation of the Constitution
238	238	18 of Alabama of 1901, as amended, except treason and
239	239	19 impeachment, whether the conviction was had in a state or
240	240	20 federal court, and who has been pardoned, may be restored to
241	241	21 citizenship with the right to vote by the State Board of
242	242	22 Pardons and Paroles when specifically expressed in the pardon.
243	243	23 If otherwise qualified, such person the individual shall be
244	244	24 permitted to register or reregister as an elector upon
245	245	25 submission of a copy of the pardon document to the board of
246	246	26 registrars of the county of his or her residence.
247	247	Page 9 1 "In addition, any person (b) Any individual who has
248	248	2 been granted a Certificate of Eligibility to Register to Vote
249	249	3 by the Board of Pardons and Paroles pursuant to Section
250	250	4 15-22-36.1 was registered to vote at any time prior to losing
251	251	5 his or her right to vote by reason of conviction in a state or
252	252	6 federal court and has met the eligibility criteria set forth
253	253	7 in Section 15-22-36.1(a) as determined by the Board of Pardons
254	254	8 and Paroles, shall be eligible to vote.
255	255	9 "(c) Any individual who was not registered at any
256	256	10 time prior to losing his or her right to vote by reason of
257	257	11 conviction in a state or federal court and has met the
258	258	12 eligibility criteria set forth in Section 15-22-36.1(a) as
259	259	13 determined by the Board of Pardons and Paroles, shall be
260	260	14 permitted to register or reregister as an elector upon
261	261	15 submission of a copy of the certificate to the board of
262	262	16 registrars of the county of his or her residence.
263	263	17 "§17-4-3.
264	264	18 "(a) Each county board of registrars shall purge the
265	265	19 computerized statewide voter registration list on a continuous
266	266	20 basis, whenever it receives and confirms information that a
267	267	21 person registered to vote in that county has died, become a
268	268	22 nonresident of the state or county, been declared mentally
269	269	23 incompetent, been convicted of any offense designated pursuant
270	270	24 to Section 17-3-30.1 as a felony involving moral turpitude for
271	271	25 the purposes of Article VIII of the Constitution of Alabama of
272	272	26 1901, as amended by Amendment 579 of the Constitution of
273	273	27 Alabama 1901, now appearing as Section 177 of the Official
274	274	Page 10 1 Recompilation of the Constitution of Alabama of 1901, as
275	275	2 amended, since being registered, or otherwise become
276	276	3 disqualified as an elector. Except as provided below, a person
277	277	4 convicted of a disqualifying criminal offense shall be
278	278	5 notified by certified mail sent to the voter's last known
279	279	6 address of the board's intention to strike his or her name
280	280	7 from the list. No person convicted of a disqualifying crime
281	281	8 may be stricken from the poll list while an appeal from the
282	282	9 conviction is pending.
283	283	10 "(b) On the date set in the notice, or at a later
284	284	11 date to which the case may have been continued by the board,
285	285	12 the board shall proceed to consider the case of the elector
286	286	13 whose name it proposes to strike from the registration list
287	287	14 and make its determination. Any person whose name is stricken
288	288	15 from the list may appeal from the decision of the board
289	289	16 without giving security for costs, and the board shall
290	290	17 forthwith certify the proceedings to the judge of probate who
291	291	18 shall docket the case in the probate court.
292	292	19 "(c) An appeal from the judge of probate shall be as
293	293	20 appeals set forth in Section 17-3-55.
294	294	21 "(d) In the event the Board of Pardons and Paroles
295	295	22 is supervising a person convicted of a disqualifying criminal
296	296	23 offense on probation or parole, and the person has received
297	297	24 face-to-face counseling from the supervising officer regarding
298	298	25 voter disqualification and executed documentation explaining
299	299	26 the loss and restoration of civil and political rights, upon
300	300	27 receipt of the documentation, signed by the disqualified
301	301	Page 11 1 elector, the county board of registrars shall be exempt from
302	302	2 providing notice as otherwise required by this section. The
303	303	3 document administered by the Board of Pardons and Paroles and
304	304	4 to be signed by the disqualified elector shall contain the
305	305	5 following statement: "Any person convicted of a disqualifying
306	306	6 felony loses his or her civil and political rights, which
307	307	7 includes the right to vote. Restoration of these rights may be
308	308	8 applied for These rights may be restored through the Central
309	309	9 Montgomery Office of the Board of Pardons and Paroles, but
310	310	10 only upon completion of the requirements of Section
311	311	11 15-22-36.1(a)."
312	312	12 "(e) The Board of Pardons and Paroles shall provide
313	313	13 signed documentation to county boards of registrars to
314	314	14 indicate those persons under probation or parole supervision
315	315	15 with the board who have been convicted of a disqualifying
316	316	16 criminal offense and been counseled regarding voter
317	317	17 disqualification and the restoration of civil and political
318	318	18 rights, and may otherwise share privileged records and files
319	319	19 with county boards of registrars for the limited purpose of
320	320	20 implementing the requirements of this section.
321	321	21 "(f) When the board has sufficient evidence
322	322	22 furnished it that any elector has permanently moved from one
323	323	23 precinct to another within the county, it shall change the
324	324	24 elector's precinct designation in the voter registration list,
325	325	25 and shall give notice by mail to the elector of the precinct
326	326	26 in which the elector is registered to vote.
327	327	Page 12 1 "(g) The Secretary of State and the Board of Pardons
328	328	2 and Paroles may promulgate adopt rules in accordance with the
329	329	3 Alabama Administrative Procedure Act as necessary to implement
330	330	4 this section."
331	331	5 Section 2. Section 17-3-31.1 is added to the Code of
332	332	6 Alabama 1975, to read as follows:
333	333	7 (a) Upon receipt of information provided by the
334	334	8 Board of Pardons and Paroles pursuant to Section
335	335	9 15-22-36.1(l), the Secretary of State shall notify the
336	336	10 individual and the board of registrars of the county in which
337	337	11 the individual resides of the date upon which the board
338	338	12 restored his or her right to vote.
339	339	13 (b) The board of registrars of the county in which
340	340	14 the individual resides shall add the individual's name to the
341	341	15 poll list and notify the individual of the date that he or she
342	342	16 is eligible to vote. This subsection does not apply to any
343	343	17 individual who has had his or her right to vote restored but
344	344	18 has never registered to vote prior to losing his or her right
345	345	19 to vote by reason of conviction in a state or federal court.
346	346	20 (c) Notwithstanding the provisions of Section
347	347	21 15-22-36.1(l), if an individual, who has had his or her right
348	348	22 to vote restored pursuant to Section 15-22-36.1, but does not
349	349	23 have a known address, the Board of Pardons and Paroles shall
350	350	24 not be required to notify the Secretary of State of the
351	351	25 individual's address.
352	352	26 Section 3. (a) As used in this section, the
353	353	27 following terms have the following meanings:
354	354	Page 13 1 (1) BOARD. The Board of Pardons and Paroles.
355	355	2 (2) COMMUNITY SERVICE PLAN. A plan designed by the
356	356	3 board, through the community service program, for an indigent
357	357	4 individual to offset the payment of court costs and fees.
358	358	5 (3) COMMUNITY SERVICE PROGRAM. A program established
359	359	6 by the board pursuant to subsection (b).
360	360	7 (b) The board shall establish a community service
361	361	8 program in order to develop options and requirements for
362	362	9 individuals who are indigent to engage in community service to
363	363	10 offset the payment of court costs and fees. The community
364	364	11 service program shall establish guidelines for the design of
365	365	12 community service plans under the program. The board shall
366	366	13 annually submit a report to the Legislative Council to
367	367	14 consider the non-profit programs offered to individuals by the
368	368	15 board, the use of resources, and the success or shortcomings
369	369	16 of the program.
370	370	17 (c) The board shall not require any individual to
371	371	18 enter into the community service program. No individual shall
372	372	19 enter into a community service program without his or her
373	373	20 informed consent.
374	374	21 (d) An individual in the community service program
375	375	22 shall receive credit for outstanding court costs and fees at
376	376	23 an amount equal to the specified hourly credit rate per hour
377	377	24 of community service performed, which shall reduce the
378	378	25 outstanding court costs and fees by the amount of the credit.
379	379	26 The circuit clerk of the court in which the outstanding court
380	380	27 costs and fees are owed shall apply the credit in the order of
381	381	Page 14 1 priority set forth in Section 15-22-36.1(b), Code of Alabama
382	382	2 1975. As used in this subsection, the term "specified hourly
383	383	3 credit rate" means the wage rate that is specified in 29
384	384	4 U.S.C. § 206(a)(1) of the Fair Labor Standards Act of 1938.
385	385	5 (e) The board shall establish a community service
386	386	6 program by December 31, 2022.
387	387	7 (f) An individual demonstrating economic hardship
388	388	8 may petition the board to participate in a community service
389	389	9 plan to offset the payment of court costs and fees.
390	390	10 Section 4. This act shall become effective
391	391	11 immediately following its passage and approval by the
392	392	12 Governor, or its otherwise becoming law.
393	393	Page 15