HB96INTRODUCED
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SBMM55-1
By Representative Hall
RFD: Constitution, Campaigns and Elections
First Read: 07-Mar-23
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5 SBMM55-1 02/22/2023 ANS (L) cr 2023-478
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SYNOPSIS:
Under existing law, an individual who has lost
his or her right to vote based upon a past criminal
conviction may apply to the Board of Pardons and
Paroles for a Certificate of Eligibility to Register to
Vote under certain circumstances, including payment of
all fines, court costs, fees, and victim restitution as
ordered by the sentencing court and completion of
probation or parole and release from compliance by the
court or Board of Pardons and Paroles.
This bill would eliminate the application
requirement and the Certificate of Eligibility to
Register to Vote and require the Board of Pardons and
Paroles to determine whether an individual may have his
or her right to vote restored if the individual has
lost his or her right to vote by reason of conviction
in a state or federal court and has been pardoned or
released from incarceration or period of probation or
parole.
This bill would allow an indigent individual to
have his or her right to vote restored if he or she has
paid all fines and restitution and is in compliance
with an approved payment plan for the payment of court
costs and fees or an approved community service plan to
offset the payment of court costs and fees.
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A BILL
TO BE ENTITLED
AN ACT
Relating to voting rights; to amend Sections
15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
eliminate the application requirement and the Certificate of
Eligibility to Register to Vote; to require the Board of
Pardons and Paroles to determine whether an individual may
have his or her right to vote restored if the individual has
lost his or her right to vote by reason of conviction in a
state or federal court and has been pardoned or released from
incarceration or period of probation or parole; to allow an
indigent individual to have his or her right to vote restored
if he or she has paid all fines and restitution and is in
compliance with an approved payment plan for the payment of
court costs and fees or an approved community service plan to
offset the payment of court costs and fees; to remove
impeachment from the list of offenses that prohibit an
individual from having his or her right to vote restored to
make consistent with existing law; and to add Section
17-3-31.1 to the Code of Alabama 1975, to require notification
to the individual that his or her right to vote has been
restored.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-22-36.1, 17-3-31, and 17-4-3,
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Code of Alabama 1975, are amended to read as follows:
"§15-22-36.1
(a) Any other provision of law notwithstanding Except as
provided in subsection (h) , any person individual who has lost
his or her right to vote by reason of conviction in a state or
federal court, regardless of the date of his or her sentence,
may apply to the Board of Pardons and Paroles for a
Certificate of Eligibility to Register to Vote shall have his
or her right to vote restored if all both of the following
requirements criteria are met on all disqualifying cases :
(1) The person has lost his or her right to vote by
reason of conviction in a state or federal court in any case
except those listed in subsection (g).
(2) The person has no criminal felony charges pending
against him or her in any state or federal court.
(3) The person has paid all fines, court costs, fees,
and victim restitution ordered by the sentencing court at the
time of sentencing on disqualifying cases.
(1) The individual has done either of the following:
a. Paid all fines, court costs, fees, and restitution
ordered by the sentencing court at the time of sentencing.
b. Paid all fines and restitution ordered by the
sentencing court and with regard to all court costs and fees,
has done either of the following:
1. Made all payments for a period of not less than one
year on court costs and fees pursuant to an approved payment
plan.
2. Complied with an approved community service plan
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pursuant to Section 3 of the act adding this amendatory
language for a period of not less than one year.
(4)(2) Any of the following are true:
a. The person individual has been released upon
completion of sentence.
b. The person individual has been pardoned.
c. The person individual has successfully completed
probation or parole and has been released from compliance by
the ordering entity.
(b) The circuit clerk of the court in which any
outstanding fines, court costs, fees, or restitution are owed
shall apply payments in the following order of priority:
(1) To any restitution owed on a disqualifying case.
(2) To any fines owed on a disqualifying case.
(3) To any restitution owed on a non-disqualifying
case.
(4) To any fines, court costs, or fees owed on a
non-disqualifying case.
(b)(c) The Certificate of Eligibility to Register to
Vote shall be granted board shall restore an individual's
right to vote upon a determination that all of the individual
has met the requirements criteria set forth in subsection (a)
are fulfilled.
(c) Upon receipt of an application under this section,
(d) When an individual, who has lost his or her right
to vote by reason of conviction in a state or federal court in
any case except those listed in subsection (h) has met one of
the criteria set forth in subdivision (a)(2), the Board of
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Pardons and Paroles shall conduct a review to determine if the
individual has complied with the criteria set forth in
subdivision (a)(1) investigation of the request shall be
assigned forthwith to an officer of the state Board of Pardons
and Paroles. The An assigned officer of the board shall
verify, through court records, records of the board, and
records of the Department of Corrections, that the applicant
individual has met the qualifications criteria set out in
subsection (a). Within 30 14 calendar days of the initial
application for a Certificate of Eligibility to Register to
Vote review, the officer shall draft a report of his or her
findings including a statement as to whether the applicant
individual has successfully completed his or her sentence and
has complied with all the eligibility requirements criteria
provided in subsection (a).
(d)(e) After completing the investigation review set
out in subsection (c) (d), the officer shall submit his or her
report of investigation to the Executive Director of the Board
of Pardons and Paroles.
(e)(f) If the report created pursuant to subsection (c)
(d) states that the applicant individual has met all of the
eligibility criteria set forth in subsection (a), and the
executive director or his or her designee attests that the
report has been submitted properly and accurately, the Board
of Pardons and Paroles shall issue a Certificate of
Eligibility to Register to Vote to restore the individual's
right to vote and shall notify the applicant individual that
his or her right to vote has been restored within 14 calendar
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days of receipt of the report by the executive director.
(f)(g) If the report created pursuant to subsection (c)
(d) states that the applicant individual has not met all of
the eligibility criteria set forth in subsection (a), and the
executive director or his or her designee attests that the
report has been submitted properly and accurately, the Board
of Pardons and Paroles shall not issue a Certificate of
Eligibility to Register to Vote and shall not restore the
individual's right to vote and shall notify the applicant
individual of the decision not to restore his or her right to
vote and reason or reasons for the decision within 14 calendar
days of receipt of the report by the executive director. The
notice shall state what measures the individual must undertake
in order to have his or her right to vote restored. The
applicant, upon completion of the eligibility requirement in
subsection (a) for restoration of his or her rights,
individual may submit a new application a written request for
a new review at any time if he or she has met the
certification criteria . Upon receipt of a new request, the
board shall conduct a review pursuant to the requirements set
forth in subsections (d) through(g) .
(g) A person(h) An individual who has lost his or her
right to vote by reason of conviction in a state or federal
court for any of the following offenses as they are set forth
in Section 17-3-30.1 will not be eligible to apply for a
Certificate of Eligibility to Register to Vote under this
sectionis not eligible to have his or her right to vote
restored: Impeachment, murder Murder, rape in any degree,
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sodomy in any degree, sexual abuse in any degree, incest,
sexual torture, enticing a child to enter a vehicle for
immoral purposes, soliciting electronic solicitation of a
child by computer, production of obscene matter involving a
minor containing visual depiction of persons under 17 years of
age involved in obscene acts, distribution, possession with
intent to distribute, production of obscene material, or offer
or agreement to distribute or produce obscene material ,
production of obscene matter, parents or guardians permitting
children to engage in production of obscene matter, possession
of obscene matter, possession with intent to distribute child
pornography, ordissemination or public display of obscene
matter containing visual depiction of persons under 17 years
of age involved in obscene acts, possession and possession
with intent to disseminate obscene matter containing visual
depiction of persons under 17 years of age involved in obscene
acts, treason, or any crime as defined by the laws of the
United State or by the laws of another state, territory,
country, or other jurisdiction, which, if committed in this
state, would constitute one of the offenses listed in this
subsection.
(h)(i) This section shall not affect the right of any
person individual to apply to the board for a pardon with
restoration of voting rights pursuant to Section 15-22-36.
(i)(j) Each state or county correctional facility,
prison, or jail shall post materials to be prepared by the
Secretary of State and the Board of Pardons and Paroles
notifying incarcerated individuals of the requirements
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criteria and procedures for having one's voting rights
restored.
(k) No later than September 1, 2024, the Board of
Pardons and Paroles and the Secretary of State shall jointly
develop and make available on each agency's website a form
with instructions for any individual who met one of the
criteria set forth in subdivision (a)(2) prior to the
effective date of the act adding this amendatory language to
submit to the Board of Pardons and Paroles for review pursuant
to the requirements set forth in subsections (d) through (g).
(l) The Board of Pardons and Paroles shall provide the
Secretary of State with an individual's address and the date
upon which the board restored the right to vote to an
individual who has lost his or her right to vote by reason of
conviction in a state or federal court.
(m) The Board of Pardons and Paroles shall post on the
board's website a list of individuals whose right to vote has
been restored pursuant to this section but does not have a
known address."
"§17-3-31
(a) Any person individual who is disqualified by reason
of conviction of any of the offenses mentioned in offense
designated pursuant to Section 17-3-30.1 as a felony involving
moral turpitude for the purposes of Article VIII, Section 177
of the Constitution of Alabama of 1901 2022, except treason
and impeachment, whether the conviction was had in a state or
federal court, and who has been pardoned, may be restored to
citizenship with the right to vote by the State Board of
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Pardons and Paroles when specifically expressed in the pardon.
If otherwise qualified, such person the individual shall be
permitted to register or reregister as an elector upon
submission of a copy of the pardon document to the board of
registrars of the county of his or her residence. In addition,
any person
(b)Any individual who has been granted a Certificate of
Eligibility to Register to Vote by the Board of Pardons and
Paroles pursuant to Section 15-22-36.1 was registered to vote
at any time prior to losing his or her right to vote by reason
of conviction in a state or federal court and has met the
eligibility criteria set forth in Section 15-22-36.1(a) as
determined by the Board of Pardons and Paroles , shall be
eligible to vote.
(c) Any individual who was not registered at any time
prior to losing his or her right to vote by reason of
conviction in a state or federal court and has met the
eligibility criteria set forth in Section 15-22-36.1(a) as
determined by the Board of Pardons and Paroles, shall be
permitted to register or reregister as an elector upon
submission of a copy of the certificate to the board of
registrars of the county of his or her residence ."
"§17-4-3
(a) Each county board of registrars shall purge the
computerized statewide voter registration list on a continuous
basis, whenever it receives and confirms information that a
person registered to vote in that county has died, become a
nonresident of the state or county, been declared mentally
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incompetent, been convicted of any offense designated pursuant
to Section 17-3-30.1 as a felony involving moral turpitude for
the purposes of Article VIII, Section 177 of the Constitution
of Alabama of 1901 2022, since being registered, or otherwise
become disqualified as an elector. Except as provided below, a
person convicted of a disqualifying criminal offense shall be
notified by certified mail sent to the voter's last known
address of the board's intention to strike his or her name
from the list. No person convicted of a disqualifying crime
may be stricken from the poll list while an appeal from the
conviction is pending.
(b) On the date set in the notice, or at a later date
to which the case may have been continued by the board, the
board shall proceed to consider the case of the elector whose
name it proposes to strike from the registration list and make
its determination. Any person whose name is stricken from the
list may appeal from the decision of the board without giving
security for costs, and the board shall forthwith certify the
proceedings to the judge of probate who shall docket the case
in the probate court.
(c) An appeal from the judge of probate shall be as
appeals set forth in Section 17-3-55.
(d) In the event the Board of Pardons and Paroles is
supervising a person convicted of a disqualifying criminal
offense on probation or parole, and the person has received
face-to-face counseling from the supervising officer regarding
voter disqualification and executed documentation explaining
the loss and restoration of civil and political rights, upon
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receipt of the documentation, signed by the disqualified
elector, the county board of registrars shall be exempt from
providing notice as otherwise required by this section. The
document administered by the Board of Pardons and Paroles and
to be signed by the disqualified elector shall contain the
following statement: "Any person convicted of a disqualifying
felony loses his or her civil and political rights, which
includes the right to vote. Restoration of these rights may be
applied for These rights may be restored through the Central
Montgomery Office of the Board of Pardons and Paroles, but
only upon completion of the requirements of Section
15-22-36.1(a)."
(e) The Board of Pardons and Paroles shall provide
signed documentation to county boards of registrars to
indicate those persons under probation or parole supervision
with the board who have been convicted of a disqualifying
criminal offense and been counseled regarding voter
disqualification and the restoration of civil and political
rights, and may otherwise share privileged records and files
with county boards of registrars for the limited purpose of
implementing the requirements of this section.
(f) When the board has sufficient evidence furnished it
that any elector has permanently moved from one precinct to
another within the county, it shall change the elector's
precinct designation in the voter registration list, and shall
give notice by mail to the elector of the precinct in which
the elector is registered to vote.
(g) The Secretary of State and the Board of Pardons and
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Paroles may promulgate adopt rules in accordance with the
Alabama Administrative Procedure Act as necessary to implement
this section."
Section 2. Section 17-3-31.1 is added to the Code of
Alabama 1975, to read as follows:
(a) Upon receipt of information provided by the Board
of Pardons and Paroles pursuant to Section 15-22-36.1(l), the
Secretary of State shall notify the individual and the board
of registrars of the county in which the individual resides of
the date upon which the board restored his or her right to
vote.
(b) The board of registrars of the county in which the
individual resides shall add the individual's name to the poll
list and notify the individual of the date that he or she is
eligible to vote. This subsection does not apply to any
individual who has had his or her right to vote restored but
has never registered to vote prior to losing his or her right
to vote by reason of conviction in a state or federal court.
(c) Notwithstanding the provisions of Section
15-22-36.1(l), if an individual, who has had his or her right
to vote restored pursuant to Section 15-22-36.1, but does not
have a known address, the Board of Pardons and Paroles shall
not be required to notify the Secretary of State of the
individual's address.
Section 3. (a) As used in this section, the following
terms have the following meanings:
(1) BOARD. The Board of Pardons and Paroles.
(2) COMMUNITY SERVICE PLAN. A plan designed by the
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board, through the community service program, for an indigent
individual to offset the payment of court costs and fees.
(3) COMMUNITY SERVICE PROGRAM. A program established by
the board pursuant to subsection (b).
(b) The board shall establish a community service
program in order to develop options and requirements for
individuals who are indigent to engage in community service to
offset the payment of court costs and fees. The community
service program shall establish guidelines for the design of
community service plans under the program. The board shall
annually submit a report to the Legislative Council to
consider the nonprofit programs offered to individuals by the
board, the use of resources, and the success or shortcomings
of the program.
(c) The board shall not require any individual to
participate in the community service program. No individual
shall participate in a community service program without his
or her informed consent.
(d) An individual in the community service program
shall receive credit for outstanding court costs and fees at
an amount equal to the specified hourly credit rate per hour
of community service performed, which shall reduce the
outstanding court costs and fees by the amount of the credit.
The circuit clerk of the court in which the outstanding court
costs and fees are owed shall apply the credit in the order of
priority set forth in Section 15-22-36.1(b), Code of Alabama
1975. As used in this subsection, the term "specified hourly
credit rate" means the wage rate that is specified in 29
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U.S.C. § 206(a)(1) of the Fair Labor Standards Act of 1938.
(e) The board shall establish a community service
program by December 31, 2023.
(f) An individual demonstrating economic hardship may
petition the board to participate in a community service plan
to offset the payment of court costs and fees.
Section 4. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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