Alabama 2023 Regular Session

Alabama House Bill HB100 Compare Versions

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

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1	1	HB100INTRODUCED
2	2	Page 0
3	3	SL4U78-1
4	4	By Representative Clarke
5	5	RFD: Constitution, Campaigns and Elections
6	6	First Read: 07-Mar-23
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11	11	5 SL4U78-1 01/26/2023 ANS (L)tgw 2023-236
12	12	Page 1
13	13	SYNOPSIS:
14	14	Under existing law, an application for an
15	15	absentee ballot may only be delivered to the absentee
16	16	election manager by the applicant. Also under existing
17	17	law, an absentee ballot may only be delivered to the
18	18	absentee election manager by the voter of the absentee
19	19	ballot.
20	20	This bill would allow a disabled voter to
21	21	designate an individual to deliver the voter's
22	22	application for an absentee ballot to the absentee
23	23	election manager.
24	24	This bill would allow a disabled voter to
25	25	designate an individual to deliver the voter's absentee
26	26	ballot to the absentee election manager.
27	27	This bill would also make nonsubstantive,
28	28	technical revisions to update the existing code
29	29	language to current style.
30	30	A BILL
31	31	TO BE ENTITLED
32	32	AN ACT
33	33	Relating to absentee voting; to amend Sections 17-11-4
34	34	and 17-11-9, Code of Alabama 1975, to allow a disabled voter
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64	64	to designate an individual to deliver the voter's application
65	65	for an absentee ballot to the absentee election manager; to
66	66	allow a disabled voter to designate an individual to deliver
67	67	the voter's absentee ballot to the absentee election manager;
68	68	and to make nonsubstantive, technical revisions to update the
69	69	existing code language to current style.
70	70	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
71	71	Section 1. Sections 17-11-4 and 17-11-9, Code of
72	72	Alabama 1975, are amended to read as follows:
73	73	"§17-11-4
74	74	(a) The application required in Section 17-11-3 shall
75	75	be filed with the person individual designated to serve as the
76	76	absentee election manager. The application shall be in a form
77	77	prescribed and designed by the Secretary of State and shall be
78	78	used throughout the state. Notwithstanding the foregoing,
79	79	handwritten applications can may also be accepted at any time
80	80	prior to the five-day deadline to receive absentee ballot
81	81	applications as provided in Section 17-11-3.
82	82	(b) The application shall contain sufficient
83	83	information to identify the applicant and shall include the
84	84	applicant's name, residence address, or such other information
85	85	necessary to verify that the applicant is a registered voter.
86	86	The application shall also list all felonies of moral
87	87	turpitude, as provided in Section 17-3-30.1.
88	88	(c) Any applicant may receive assistance in filling out
89	89	the application as he or she desires, but each application
90	90	shall be manually signed by the applicant and, if he or she
91	91	signs by mark, the name of the witness to his or her signature
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121	121	shall be signed thereonon the application .
122	122	(d) The application may be handed by the applicant to
123	123	the absentee election manager or forwarded sent to him or her
124	124	the absentee election manager by United States mail or by
125	125	commercial carrier, as determined by rule by the Secretary of
126	126	State. An application for a voter who requires emergency
127	127	treatment by a licensed physician within five days before an
128	128	election pursuant to Section 17-11-3 may be forwarded hand
129	129	delivered to the absentee election manager by the applicant or
130	130	his or her designee or sent by United States mail or
131	131	commercial carrier . An application for a disabled voter may be
132	132	hand delivered by the applicant or his or her designee to the
133	133	absentee election manager or sent by the applicant or his or
134	134	her designee to the absentee election manager by United States
135	135	mail or by commercial carrier.
136	136	(e) Application forms that are printed and made
137	137	available to any applicant by the absentee election manager
138	138	shall have printed thereon on the application all penalties
139	139	provided for any violation of this chapter. The Secretary of
140	140	State shall provide applications for absentee voting to
141	141	military and overseas voters in accordance with Section
142	142	17-4-35."
143	143	"§17-11-9
144	144	(a)(1) Each prospective absentee voter who meets the
145	145	requirements of this chapter shall be furnished with the
146	146	absentee ballot herein provided for , together with two
147	147	envelopes for returning his or her marked ballot and
148	148	instructions for completing and returning the absentee ballot
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178	178	as well as instructions for correcting mistakes in completing
179	179	ballots or obtaining a replacement ballot.
180	180	(2) One envelope shall be a plain envelope in which the
181	181	ballot shall be sealed by the voter after he or she has marked
182	182	it.
183	183	(3) The second envelope shall have the voter's
184	184	affidavit printed on the back and shall be large enough to
185	185	seal the plain ballot envelope inside. The second envelope
186	186	shall also be a return mail envelope. Such The return mail
187	187	envelope shall be addressed on the front to the absentee
188	188	election manager and shall be endorsed on the left-hand upper
189	189	corner thereof as follows:
190	190	"Absent Voter's Ballot. State, County, Municipal,
191	191	General, Primary, or Special Election (as the case may be) to
192	192	be held on the ___ day of ____, 2__ From ______ (name of
193	193	voter), precinct or districts _________, County of _______,
194	194	Alabama."
195	195	(b) After marking the ballot and subscribing the oath
196	196	herein required, the voter shall seal his or her ballot in the
197	197	plain envelope, place that plain envelope inside the affidavit
198	198	envelope, complete the affidavit, have a notary public (or
199	199	other officer authorized to acknowledge oaths) or two
200	200	witnesses individuals witness his or her signature to the
201	201	affidavit, and forward send it by United States mail or by
202	202	commercial carrier to the absentee election manager or hand it
203	203	to him or her in person deliver the sealed envelope to the
204	204	absentee election manager . A disabled voter or his or her
205	205	designee may hand deliver the sealed envelope to the absentee
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235	235	election manager or send it by United States mail or by
236	236	commercial carrier.
237	237	(c)(1) Notwithstanding the other provisions of this
238	238	section, the absentee election manager shall determine whether
239	239	an applicant for an absentee ballot is obligated to produce
240	240	identification in accordance with Sections 17-9-30 and 17-10-1
241	241	or reidentify in accordance with Chapter 4. For absentee
242	242	applicants required to produce identification, a third
243	243	envelope of different color and sufficient size to enclose the
244	244	first and second envelopes shall be provided to the applicant
245	245	along with instructions for including a proper form of
246	246	identification in accordance with Sections 17-9-30 and
247	247	17-10-1.
248	248	(2) For absentee applicants required to reidentify
249	249	because they do not appear in the voting place for which they
250	250	seek to vote but do appear in another voting place within the
251	251	state voter registration list, the absentee election manager
252	252	shall provide to the voter a third envelope of different color
253	253	and sufficient size to enclose the first and second envelopes
254	254	along with a voter reidentification form, a provisional voter
255	255	affirmation, and instructions in accordance with Section
256	256	17-10-2. Such The ballot shall be treated as a provisional
257	257	ballot and the term "Provisional" shall be marked on the
258	258	second or affidavit envelope prior to transmitting the ballot
259	259	to the voter.
260	260	(3) Applicants for an absentee ballot who do not appear
261	261	on the state voter registration list shall not be entitled to
262	262	an absentee ballot."
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292	292	Section 2. This act shall become effective on the first
293	293	day of the third month following its passage and approval by
294	294	the Governor, or its otherwise becoming law.
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