AL
Alabama Senate Bill SB6

Alabama 2022 Regular Session

Alabama Senate Bill SB6 Compare Versions

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11 1 SB6
2-2 216362-4
2+2 214380-1
33 3 By Senator Coleman-Madison
44 4 RFD: Judiciary
55 5 First Read: 11-JAN-22
66 6 PFD: 06/22/2021
77
8-Page 0 1 SB6
8+Page 0 1 214380-1:n:06/03/2021:ANS/cr LSA2021-1443
99 2
1010 3
11-4 ENGROSSED
11+4
1212 5
1313 6
14-7 A BILL
15-8 TO BE ENTITLED
16-9 AN ACT
17-10
18-11 Relating to voting rights; to amend Sections
19-12 15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
20-13 eliminate the application requirement and the Certificate of
21-14 Eligibility to Register to Vote; to require the Board of
22-15 Pardons and Paroles to determine whether an individual may
23-16 have his or her right to vote restored if the individual has
24-17 lost his or her right to vote by reason of conviction in a
25-18 state or federal court and has been pardoned or released from
26-19 incarceration or period of probation or parole; to allow an
27-20 indigent individual to have his or her right to vote restored
28-21 if he or she has paid all fines and restitution and is in
29-22 compliance with an approved payment plan for the payment of
30-23 court costs and fees or an approved community service plan to
31-24 offset the payment of court costs and fees; to remove
32-25 impeachment from the list of offenses that prohibit an
33-26 individual from having his or her right to vote restored to
34-27 make consistent with existing law; and to add Section
35-Page 1 1 17-3-31.1 to the Code of Alabama 1975, to require notification
36-2 to the individual that his or her right to vote has been
37-3 restored.
38-4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
39-5 Section 1. Sections 15-22-36.1, 17-3-31, and 17-4-3,
40-6 Code of Alabama 1975, are amended to read as follows:
41-7 "§15-22-36.1.
42-8 "(a) Any other provision of law notwithstanding
43-9 Except as provided in subsection (h), any person individual
44-10 who has lost his or her right to vote by reason of conviction
45-11 in a state or federal court, regardless of the date of his or
46-12 her sentence, may apply to the Board of Pardons and Paroles
47-13 for a Certificate of Eligibility to Register to Vote shall
48-14 have his or her right to vote restored if all both of the
49-15 following requirements criteria are met on all disqualifying
50-16 cases:
51-17 "(1) The person has lost his or her right to vote by
52-18 reason of conviction in a state or federal court in any case
53-19 except those listed in subsection (g).
54-20 "(2) The person has no criminal felony charges
55-21 pending against him or her in any state or federal court.
56-22 "(3) The person has paid all fines, court costs,
57-23 fees, and victim restitution ordered by the sentencing court
58-24 at the time of sentencing on disqualifying cases.
59-25 "(1) The individual has done either of the
60-26 following:
61-Page 2 1 "a. Paid all fines, court costs, fees, and
62-2 restitution ordered by the sentencing court at the time of
63-3 sentencing.
64-4 "b. Paid all fines and restitution ordered by the
65-5 sentencing court and with regard to all court costs and fees,
66-6 has done either of the following:
67-7 " 1. Made all payments for a period of not less than
68-8 one year on court costs and fees pursuant to an approved
69-9 payment plan.
70-10 "2. Complied with an approved community service plan
71-11 pursuant to Section 3 of the act adding this amendatory
72-12 language for a period of not less than one year.
73-13 "(4) (2) Any of the following are true:
74-14 "a. The person individual has been released upon
75-15 completion of sentence.
76-16 "b. The person individual has been pardoned.
77-17 "c. The person individual has successfully completed
78-18 probation or parole and has been released from compliance by
79-19 the ordering entity.
80-20 "(b) The circuit clerk of the court in which any
81-21 outstanding fines, court costs, fees, or restitution are owed
82-22 shall apply payments in the following order of priority:
83-23 "(1) To any restitution owed on a disqualifying
84-24 case.
85-25 "(2) To any fines owed on a disqualifying case.
86-26 "(3) To any restitution owed on a non-disqualifying
87-27 case.
88-Page 3 1 "(4) To any fines, court costs, or fees owed on a
89-2 non-disqualifying case.
90-3 "(b) (c) The Certificate of Eligibility to Register
91-4 to Vote shall be granted board shall restore an individual's
92-5 right to vote upon a determination that all of the individual
93-6 has met the requirements criteria set forth in subsection (a)
94-7 are fulfilled.
14+7
15+8 SYNOPSIS: Under existing law, an individual who has
16+9 lost his or her right to vote based upon a past
17+10 criminal conviction may apply to the Board of
18+11 Pardons and Paroles for a Certificate of
19+12 Eligibility to Register to Vote under certain
20+13 circumstances, including payment of all fines,
21+14 court costs, fees, and victim restitution as
22+15 ordered by the sentencing court and completion of
23+16 probation or parole and release from compliance by
24+17 the court or Board of Pardons and Paroles.
25+18 This bill would eliminate the application
26+19 requirement and require the Board of Pardons and
27+20 Paroles to determine whether an individual may
28+21 receive a Certificate of Eligibility to Register to
29+22 Vote if the individual has lost his or her right to
30+23 vote by reason of conviction in a state or federal
31+24 court and has been pardoned or released from
32+25 incarceration or period of probation or parole.
33+26 This bill would allow an indigent individual
34+27 to have his or her voting rights restored if he or
35+Page 1 1 she is in compliance with an approved payment plan
36+2 for the payment of fines, court costs, and fees or
37+3 an approved community service plan either in
38+4 conjunction with a payment plan or in lieu of a
39+5 payment plan for the payment of fines, court costs,
40+6 and fees.
41+7
42+8 A BILL
43+9 TO BE ENTITLED
44+10 AN ACT
45+11
46+12 Relating to voting rights; to amend Sections
47+13 15-22-36.1 and 17-3-31, Code of Alabama 1975; to require the
48+14 Board of Pardons and Paroles to determine whether an
49+15 individual may receive a Certificate of Eligibility to
50+16 Register to Vote if the individual has lost his or her right
51+17 to vote by reason of conviction in a state or federal court
52+18 and has been pardoned or released from incarceration or period
53+19 of probation or parole; and to allow an indigent individual to
54+20 have his or her voting rights restored if he or she is in
55+21 compliance with an approved payment plan for the payment of
56+22 fines, court costs, and fees or an approved community service
57+23 plan either in conjunction with a payment plan or in lieu of a
58+24 payment plan for the payment of fines, court costs, and fees.
59+25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
60+26 Section 1. Sections 15-22-36.1 and 17-3-31, Code of
61+27 Alabama 1975, are amended to read as follows:
62+Page 2 1 "§15-22-36.1.
63+2 "(a) Any other provision of law notwithstanding
64+3 Except as provided in subsection (g), any person individual,
65+4 regardless of the date of his or her sentence, may apply to
66+5 the Board of Pardons and Paroles for a Certificate of
67+6 Eligibility to Register to Vote shall have his or her right to
68+7 vote restored if all of the following requirements are met:
69+8 "(1) The person individual has lost his or her right
70+9 to vote by reason of conviction in a state or federal court in
71+10 any case except those listed in subsection (g).
72+11 "(2) The person has no criminal felony charges
73+12 pending against him or her in any state or federal court.
74+13 "(3) (2) The person individual has paid all fines,
75+14 court costs, fees, and victim restitution ordered by the
76+15 sentencing court at the time of sentencing on disqualifying
77+16 cases.
78+17 "(3) Either of the following:
79+18 "a. The individual has paid all fines, court costs,
80+19 and fees.
81+20 "b. For a period of not less than one year, the
82+21 individual has made all payments on fines, court costs, and
83+22 fees pursuant to an approved payment plan or complied with an
84+23 approved community service plan pursuant to Section 2 of the
85+24 act adding this amendatory language.
86+25 "(4) Any of the following are true:
87+26 "a. The person individual has been released upon
88+27 completion of sentence.
89+Page 3 1 "b. The person individual has been pardoned.
90+2 "c. The person individual has successfully completed
91+3 probation or parole and has been released from compliance by
92+4 the ordering entity.
93+5 "(b) The Certificate of Eligibility to Register to
94+6 Vote shall be granted upon a determination that all of the
95+7 requirements in subsection (a) are fulfilled.
9596 8 "(c) Upon receipt of an application under this
96-9 section, (d) When an individual, who has lost his or her right
97-10 to vote by reason of conviction in a state or federal court in
98-11 any case except those listed in subsection (h), has met one of
99-12 the criteria set forth in subdivision (a)(2), the Board of
100-13 Pardons and Paroles shall conduct a review to determine if the
101-14 individual has complied with the criteria set forth in
102-15 subdivision (a)(1) investigation of the request shall be
103-16 assigned forthwith to an officer of the state Board of Pardons
104-17 and Paroles. The An assigned officer of the board shall
105-18 verify, through court records, records of the board, and
97+9 section When an individual, who has lost his or her right to
98+10 vote by reason of conviction in a state or federal court in
99+11 any case except those listed in subsection (g), has satisfied
100+12 one of the criteria set forth in subdivision (a)(3),the Board
101+13 of Pardons and Paroles shall conduct a review to determine the
102+14 individual's eligibility to receive a Certificate of
103+15 Eligibility to Register to Vote investigation of the request
104+16 shall be assigned forthwith to an officer of the state Board
105+17 of Pardons and Paroles. The An assigned officer of the board
106+18 shall verify, through court records, records of the board, and
106107 19 records of the Department of Corrections, that the applicant
107-20 individual has met the qualifications criteria set out in
108-21 subsection (a). Within 30 14 calendar days of the initial
109-22 application for a Certificate of Eligibility to Register to
110-23 Vote review, the officer shall draft a report of his or her
111-24 findings, including a statement as to whether the applicant
112-25 individual has successfully completed his or her sentence and
113-26 has complied with all the eligibility requirements criteria
114-27 provided in subsection (a).
115-Page 4 1 "(d) (e) After completing the investigation review
116-2 set out in subsection (c) (d), the officer shall submit his or
117-3 her report of investigation to the Executive Director of the
118-4 Board of Pardons and Paroles.
119-5 "(e) (f) If the report created pursuant to
120-6 subsection (c) (d) states that the applicant individual has
121-7 met all of the eligibility criteria set forth in subsection
122-8 (a), and the executive director or his or her designee attests
123-9 that the report has been submitted properly and accurately,
124-10 the Board of Pardons and Paroles shall issue a Certificate of
125-11 Eligibility to Register to Vote to restore the individual's
126-12 right to vote and shall notify the applicant individual that
127-13 his or her right to vote has been restored within 14 calendar
128-14 days of receipt of the report by the executive director.
129-15 "(f) (g) If the report created pursuant to
130-16 subsection (c) (d) states that the applicant individual has
131-17 not met all of the eligibility criteria set forth in
132-18 subsection (a), and the executive director or his or her
133-19 designee attests that the report has been submitted properly
134-20 and accurately, the Board of Pardons and Paroles shall not
135-21 issue a Certificate of Eligibility to Register to Vote and
136-22 shall not restore the individual's right to vote and shall
137-23 notify the applicant individual of the decision not to restore
138-24 his or right to vote and reason or reasons for the decision
139-25 within 14 calendar days of receipt of the report by the
140-26 executive director. The notice shall state what measures the
141-27 individual must undertake in order to have his or her right to
142-Page 5 1 vote restored. The applicant, upon completion of the
143-2 eligibility requirement in subsection (a) for restoration of
144-3 his or her rights, individual may submit a new application a
145-4 written request for a new review at any time if he or she has
146-5 met the certification criteria. Upon receipt of a new request,
147-6 the board shall conduct a review pursuant to the requirements
148-7 set forth in subsections (d) through (g).
149-8 "(g) A person (h) An individual who has lost his or
150-9 her right to vote by reason of conviction in a state or
151-10 federal court for any of the following offenses as they are
152-11 set forth in Section 17-3-30.1 will not be eligible to apply
153-12 for a Certificate of Eligibility to Register to Vote under
154-13 this section is not eligible to have his or her right to vote
155-14 restored: Impeachment, murder Murder, rape in any degree,
156-15 sodomy in any degree, sexual abuse in any degree, incest,
157-16 sexual torture, enticing a child to enter a vehicle for
158-17 immoral purposes, soliciting electronic solicitation of a
159-18 child by computer, production of obscene matter involving a
160-19 minor containing visual depiction of persons under 17 years of
161-20 age involved in obscene acts, distribution, possession with
162-21 intent to distribute, production of obscene material, or offer
163-22 or agreement to distribute or produce obscene material,
164-23 production of obscene matter, parents or guardians permitting
165-24 children to engage in production of obscene matter, possession
166-25 of obscene matter, possession with intent to distribute child
167-26 pornography, or dissemination or public display of obscene
168-27 matter containing visual depiction of persons under 17 years
169-Page 6 1 of age involved in obscene acts, possession and possession
170-2 with intent to disseminate obscene matter containing visual
171-3 depiction of persons under 17 years of age involved in obscene
172-4 acts, treason, or any crime as defined by the laws of the
173-5 United States or by the laws of another state, territory,
174-6 country, or other jurisdiction, which, if committed in this
175-7 state, would constitute one of the offenses listed in this
176-8 subsection.
177-9 "(h) (i) This section shall not affect the right of
178-10 any person individual to apply to the board for a pardon with
179-11 restoration of voting rights pursuant to Section 15-22-36.
180-12 "(i) (j) Each state or county correctional facility,
181-13 prison, or jail shall post materials to be prepared by the
182-14 Secretary of State and the Board of Pardons and Paroles
183-15 notifying incarcerated individuals of the requirements
184-16 criteria and procedures for having one's voting rights
185-17 restored.
186-18 "(k) No later than September 1, 2023, the Board of
187-19 Pardons and Paroles and the Secretary of State shall jointly
188-20 develop and make available on each agency's website a form
189-21 with instructions for any individual who met one of the
190-22 criteria set forth in subdivision (a)(2) prior to the
191-23 effective date of the act adding this amendatory language to
192-24 submit to the Board of Pardons and Paroles for review pursuant
193-25 to the requirements set forth in subsections (d) through (g).
194-26 "(l) The Board of Pardons and Paroles shall provide
195-27 the Secretary of State with an individual's address and the
196-Page 7 1 date upon which the board restored the right to vote to an
197-2 individual who has lost his or her right to vote by reason of
198-3 conviction in a state or federal court.
199-4 "(m) The Board of Pardons and Paroles shall post on
200-5 the board's website a list of individuals whose right to vote
201-6 has been restored pursuant to this section but does not have a
202-7 known address.
203-8 "§17-3-31.
204-9 "(a) Any person individual who is disqualified by
205-10 reason of conviction of any of the offenses mentioned in
206-11 offense designated pursuant to Section 17-3-30.1 as a felony
207-12 involving moral turpitude for the purposes of Article VIII of
208-13 the Constitution of Alabama of 1901, as amended by Amendment
209-14 579 of the Constitution of Alabama 1901, now appearing as
210-15 Section 177 of the Official Recompilation of the Constitution
211-16 of Alabama of 1901, as amended, except treason and
212-17 impeachment, whether the conviction was had in a state or
213-18 federal court, and who has been pardoned, may be restored to
214-19 citizenship with the right to vote by the State Board of
215-20 Pardons and Paroles when specifically expressed in the pardon.
216-21 If otherwise qualified, such person the individual shall be
217-22 permitted to register or reregister as an elector upon
218-23 submission of a copy of the pardon document to the board of
219-24 registrars of the county of his or her residence.
220-25 "In addition, any person (b) Any individual who has
221-26 been granted a Certificate of Eligibility to Register to Vote
222-27 by the Board of Pardons and Paroles pursuant to Section
223-Page 8 1 15-22-36.1 was registered to vote at any time prior to losing
224-2 his or her right to vote by reason of conviction in a state or
225-3 federal court and has met the eligibility criteria set forth
226-4 in Section 15-22-36.1(a) as determined by the Board of Pardons
227-5 and Paroles, shall be eligible to vote.
228-6 "(c) Any individual who was not registered at any
229-7 time prior to losing his or her right to vote by reason of
230-8 conviction in a state or federal court and has met the
231-9 eligibility criteria set forth in Section 15-22-36.1(a) as
232-10 determined by the Board of Pardons and Paroles, shall be
233-11 permitted to register or reregister as an elector upon
234-12 submission of a copy of the certificate to the board of
235-13 registrars of the county of his or her residence.
236-14 "§17-4-3.
237-15 "(a) Each county board of registrars shall purge the
238-16 computerized statewide voter registration list on a continuous
239-17 basis, whenever it receives and confirms information that a
240-18 person registered to vote in that county has died, become a
241-19 nonresident of the state or county, been declared mentally
242-20 incompetent, been convicted of any offense designated pursuant
243-21 to Section 17-3-30.1 as a felony involving moral turpitude for
244-22 the purposes of Article VIII of the Constitution of Alabama of
245-23 1901, as amended by Amendment 579 of the Constitution of
246-24 Alabama 1901, now appearing as Section 177 of the Official
247-25 Recompilation of the Constitution of Alabama of 1901, as
248-26 amended, since being registered, or otherwise become
249-27 disqualified as an elector. Except as provided below, a person
250-Page 9 1 convicted of a disqualifying criminal offense shall be
251-2 notified by certified mail sent to the voter's last known
252-3 address of the board's intention to strike his or her name
253-4 from the list. No person convicted of a disqualifying crime
254-5 may be stricken from the poll list while an appeal from the
255-6 conviction is pending.
256-7 "(b) On the date set in the notice, or at a later
257-8 date to which the case may have been continued by the board,
258-9 the board shall proceed to consider the case of the elector
259-10 whose name it proposes to strike from the registration list
260-11 and make its determination. Any person whose name is stricken
261-12 from the list may appeal from the decision of the board
262-13 without giving security for costs, and the board shall
263-14 forthwith certify the proceedings to the judge of probate who
264-15 shall docket the case in the probate court.
265-16 "(c) An appeal from the judge of probate shall be as
266-17 appeals set forth in Section 17-3-55.
267-18 "(d) In the event the Board of Pardons and Paroles
268-19 is supervising a person convicted of a disqualifying criminal
269-20 offense on probation or parole, and the person has received
270-21 face-to-face counseling from the supervising officer regarding
271-22 voter disqualification and executed documentation explaining
272-23 the loss and restoration of civil and political rights, upon
273-24 receipt of the documentation, signed by the disqualified
274-25 elector, the county board of registrars shall be exempt from
275-26 providing notice as otherwise required by this section. The
276-27 document administered by the Board of Pardons and Paroles and
277-Page 10 1 to be signed by the disqualified elector shall contain the
278-2 following statement: "Any person convicted of a disqualifying
279-3 felony loses his or her civil and political rights, which
280-4 includes the right to vote. Restoration of these rights may be
281-5 applied for These rights may be restored through the Central
282-6 Montgomery Office of the Board of Pardons and Paroles, but
283-7 only upon completion of the requirements of Section
284-8 15-22-36.1(a)."
285-9 "(e) The Board of Pardons and Paroles shall provide
286-10 signed documentation to county boards of registrars to
287-11 indicate those persons under probation or parole supervision
288-12 with the board who have been convicted of a disqualifying
289-13 criminal offense and been counseled regarding voter
290-14 disqualification and the restoration of civil and political
291-15 rights, and may otherwise share privileged records and files
292-16 with county boards of registrars for the limited purpose of
293-17 implementing the requirements of this section.
294-18 "(f) When the board has sufficient evidence
295-19 furnished it that any elector has permanently moved from one
296-20 precinct to another within the county, it shall change the
297-21 elector's precinct designation in the voter registration list,
298-22 and shall give notice by mail to the elector of the precinct
299-23 in which the elector is registered to vote.
300-24 "(g) The Secretary of State and the Board of Pardons
301-25 and Paroles may promulgate adopt rules in accordance with the
302-26 Alabama Administrative Procedure Act as necessary to implement
303-27 this section."
304-Page 11 1 Section 2. Section 17-3-31.1 is added to the Code of
305-2 Alabama 1975, to read as follows:
306-3 (a) Upon receipt of information provided by the
307-4 Board of Pardons and Paroles pursuant to Section
308-5 15-22-36.1(l), the Secretary of State shall notify the
309-6 individual and the board of registrars of the county in which
310-7 the individual resides of the date upon which the board
311-8 restored his or her right to vote.
312-9 (b) The board of registrars of the county in which
313-10 the individual resides shall add the individual's name to the
314-11 poll list and notify the individual of the date that he or she
315-12 is eligible to vote. This subsection does not apply to any
316-13 individual who has had his or her right to vote restored but
317-14 has never registered to vote prior to losing his or her right
318-15 to vote by reason of conviction in a state or federal court.
319-16 (c) Notwithstanding the provisions of Section
320-17 15-22-36.1(l), if an individual, who has had his or her right
321-18 to vote restored pursuant to Section 15-22-36.1, but does not
322-19 have a known address, the Board of Pardons and Paroles shall
323-20 not be required to notify the Secretary of State of the
324-21 individual's address.
325-22 Section 3. (a) As used in this section, the
326-23 following terms have the following meanings:
327-24 (1) BOARD. The Board of Pardons and Paroles.
328-25 (2) COMMUNITY SERVICE PLAN. A plan designed by the
329-26 board, through the community service program, for an indigent
330-27 individual to offset the payment of court costs and fees.
331-Page 12 1 (3) COMMUNITY SERVICE PROGRAM. A program established
332-2 by the board pursuant to subsection (b).
333-3 (b) The board shall establish a community service
334-4 program in order to develop options and requirements for
335-5 individuals who are indigent to engage in community service to
336-6 offset the payment of court costs and fees. The community
337-7 service program shall establish guidelines for the design of
338-8 community service plans under the program. The board shall
339-9 annually submit a report to the Legislative Council to
340-10 consider the non-profit programs offered to individuals by the
341-11 board, the use of resources, and the success or shortcomings
342-12 of the program.
343-13 (c) The board shall not require any individual to
344-14 enter into the community service program. No individual shall
345-15 enter into a community service program without his or her
346-16 informed consent.
347-17 (d) An individual in the community service program
348-18 shall receive credit for outstanding court costs and fees at
349-19 an amount equal to the specified hourly credit rate per hour
350-20 of community service performed, which shall reduce the
351-21 outstanding court costs and fees by the amount of the credit.
352-22 The circuit clerk of the court in which the outstanding court
353-23 costs and fees are owed shall apply the credit in the order of
354-24 priority set forth in Section 15-22-36.1(b), Code of Alabama
355-25 1975. As used in this subsection, the term "specified hourly
356-26 credit rate" means the wage rate that is specified in 29
357-27 U.S.C. § 206(a)(1) of the Fair Labor Standards Act of 1938.
358-Page 13 1 (e) The board shall establish a community service
108+20 individual has met the qualifications set out in subsection
109+21 (a). Within 30 14 calendar days of the initial application for
110+22 a Certificate of Eligibility to Register to Vote review, the
111+23 officer shall draft a report of his or her findings including
112+24 a statement as to whether the applicant individual has
113+25 successfully completed his or her sentence and has complied
114+26 with all the eligibility requirements provided in subsection
115+27 (a).
116+Page 4 1 "(d) After completing the investigation review set
117+2 out in subsection (c), the officer shall submit his or her
118+3 report of investigation to the Executive Director of the Board
119+4 of Pardons and Paroles.
120+5 "(e) If the report created pursuant to subsection
121+6 (c) states that the applicant individual has met all of the
122+7 eligibility criteria set forth in subsection (a), and the
123+8 executive director or his or her designee attests that the
124+9 report has been submitted properly and accurately, the Board
125+10 of Pardons and Paroles shall issue a Certificate of
126+11 Eligibility to Register to Vote to the applicant individual
127+12 within 14 calendar days of receipt of the report by the
128+13 executive director.
129+14 "(f) If the report created pursuant to subsection
130+15 (c) states that the applicant individual has not met all of
131+16 the eligibility criteria set forth in subsection (a), and the
132+17 executive director or his or her designee attests that the
133+18 report has been submitted properly and accurately, the Board
134+19 of Pardons and Paroles shall not issue a Certificate of
135+20 Eligibility to Register to Vote and shall notify the applicant
136+21 individual of the decision and reason or reasons for the
137+22 decision within 14 calendar days of receipt of the report by
138+23 the executive director. The applicant individual, upon
139+24 completion of the eligibility requirement in subsection (a)
140+25 for restoration of his or her rights, may submit a new
141+26 application request a new review at any time if he or she has
142+27 met the certification criteria.
143+Page 5 1 "(g) A person An individual who has lost his or her
144+2 right to vote by reason of conviction in a state or federal
145+3 court for any of the following will is not be eligible to
146+4 apply for receive a Certificate of Eligibility to Register to
147+5 Vote under this section: Impeachment, murder, rape in any
148+6 degree, sodomy in any degree, sexual abuse in any degree,
149+7 incest, sexual torture, enticing a child to enter a vehicle
150+8 for immoral purposes, soliciting a child by computer,
151+9 production of obscene matter involving a minor, production of
152+10 obscene matter, parents or guardians permitting children to
153+11 engage in obscene matter, possession of obscene matter,
154+12 possession with intent to distribute child pornography, or
155+13 treason.
156+14 "(h) This section shall not affect the right of any
157+15 person individual to apply to the board for a pardon with
158+16 restoration of voting rights pursuant to Section 15-22-36.
159+17 "(i) Each state or county correctional facility,
160+18 prison, or jail shall post materials to be prepared by the
161+19 Secretary of State and the Board of Pardons and Paroles
162+20 notifying incarcerated individuals of the requirements and
163+21 procedures for having one's voting rights restored.
164+22 "(j) No later than September 1, 2023, the Board of
165+23 Pardons and Paroles and the Secretary of State shall develop
166+24 and make available on each agency's website a form with
167+25 instructions for any individual who became eligible to receive
168+26 a Certificate of Eligibility to Register to Vote prior to the
169+27 effective date of the act adding this amendatory language to
170+Page 6 1 submit to the Board of Pardons and Paroles for review pursuant
171+2 to the procedures set forth in subsections (c) through (f).
172+3 "(k) The Board of Pardons and Paroles shall notify
173+4 the Secretary of State when an individual who has lost his or
174+5 her right to vote of the date upon which the individual
175+6 received a Certificate of Eligibility to Register to Vote.
176+7 Upon receipt of notification from the Board of Pardons and
177+8 Paroles, the Secretary of State shall notify the individual
178+9 and the board of registrars of the county of the individual's
179+10 residence of the date upon which the individual received a
180+11 Certificate of Eligibility to Register to Vote.
181+12 "§17-3-31.
182+13 "Any person individual who is disqualified by reason
183+14 of conviction of any of the offenses mentioned in Article VIII
184+15 of the Constitution of Alabama of 1901, except treason and
185+16 impeachment, whether the conviction was had in a state or
186+17 federal court, and who has been pardoned, may be restored to
187+18 citizenship with the right to vote by the State Board of
188+19 Pardons and Paroles when specifically expressed in the pardon.
189+20 If otherwise qualified, such person the individual shall be
190+21 permitted to register or reregister as an elector upon
191+22 submission of a copy of the pardon document to the board of
192+23 registrars of the county of his or her residence. In addition,
193+24 any person individual who has been granted a Certificate of
194+25 Eligibility to Register to Vote by the Board of Pardons and
195+26 Paroles complied with all of the eligibility requirements
196+27 pursuant to Section 15-22-36.1, shall be permitted to register
197+Page 7 1 or reregister as an elector upon submission of a copy of the
198+2 certificate to the board of registrars of the county of his or
199+3 her residence."
200+4 Section 2. (a) As used in this section, the
201+5 following terms have the following meanings:
202+6 (1) BOARD. The Board of Pardons and Paroles.
203+7 (2) COMMUNITY SERVICE PLAN. A plan designed by the
204+8 board, through the community service program, for an indigent
205+9 individual to offset the payment of fines, court costs, and
206+10 fees.
207+11 (3) COMMUNITY SERVICE PROGRAM. A program established
208+12 by the board pursuant to subsection (b).
209+13 (4) PAYMENT PLAN. A schedule of payments that shall
210+14 be interest free and approved by the board for the payment of
211+15 fines, court costs, and fees.
212+16 (b) The board shall establish a community service
213+17 program in order to develop options and requirements for
214+18 individuals who are indigent to engage in community service
215+19 either in conjunction with or in lieu of a payment plan for
216+20 the payment of fines, court costs, and fees. The community
217+21 service program shall establish guidelines for the design of
218+22 community service plans under the program. The board shall
219+23 annually submit a report to the Legislative Council to
220+24 consider the non-profit programs offered to individuals by the
221+25 board, the use of resources, and the success or shortcomings
222+26 of the program.
223+Page 8 1 (c) The board shall establish a community service
359224 2 program by December 31, 2022.
360-3 (f) An individual demonstrating economic hardship
225+3 (d) An individual demonstrating economic hardship
361226 4 may petition the board to participate in a community service
362-5 plan to offset the payment of court costs and fees.
363-6 Section 4. This act shall become effective
364-7 immediately following its passage and approval by the
365-8 Governor, or its otherwise becoming law.
366-Page 14 1
367-2
368-3 Senate
369-Read for the first time and referred to the Senate4
370-committee on Judiciary............................5 1.1-JAN-22
371- 6
372-Read for the second time and placed on the calen-7
373-dar with 1 substitute and.........................8 0.9-MAR-22
374- 9
375-Read for the third time and passed as amended ....10 2.9-MAR-22
376-Yeas 3311
377-12 Nays 0
378-13
379-14
380-15 Patrick Harris,
381-16 Secretary.
382-17
383-Page 15
227+5 plan either in conjunction with or in lieu of a payment plan
228+6 for the payment of fines, court costs, and fees.
229+7 (e) The Board of Pardons and Paroles shall annually
230+8 review each individual subject to a payment plan or community
231+9 service plan and suspend the voting rights of any individual
232+10 who is not in compliance with the plan until the individual
233+11 has complied with an amended plan for a period of one year.
234+12 When an individual has lost his or her right to vote pursuant
235+13 to this subsection, the Board of Pardons and Paroles shall
236+14 notify the Secretary of State of the date of the suspension.
237+15 Upon receipt of notification from the Board of Pardons and
238+16 Paroles, the Secretary of State shall notify the individual
239+17 and the board of registrars of the county of the individual's
240+18 residence of the date upon which the individual's voting
241+19 rights were suspended. The board of registrars shall remove
242+20 the individual from the voter roll until the Board of Pardons
243+21 and Paroles notifies the Secretary of State that the
244+22 individual has been reinstated.
245+23 Section 3. This act shall become effective
246+24 immediately following its passage and approval by the
247+25 Governor, or its otherwise becoming law.
248+Page 9