HB117INTRODUCED
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HB117
QYJD555-1
By Representatives Jackson, Travis, Hendrix, Boyd, Sellers,
Hassell, Ensler, Forte, Warren, Rafferty, Tillman, McClammy,
Lawrence, Clarke, Morris, Gray, Drummond, Jones
RFD: Constitution, Campaigns and Elections
First Read: 06-Feb-24
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7 QYJD555-1 11/16/2023 ANS (L)ma 2023-3477
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First Read: 06-Feb-24
SYNOPSIS:
Under existing law, a registered voter may only
vote by absentee ballot if he or she meets one of the
criteria prescribed by law for voting absentee.
This bill would allow a registered voter to vote
by absentee ballot without an excuse.
A BILL
TO BE ENTITLED
AN ACT
Relating to voting; to amend Sections 17-11-3 and
17-11-7, Code of Alabama 1975; to authorize absentee voting
without an excuse.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 17-11-3 and 17-11-7, Code of
Alabama 1975, are amended to read as follows:
"§17-11-3
(a) Any qualified elector of this state may apply for
and vote an absentee ballot by mail, by hand delivery in
person, or by commercial carrier, as determined by rule by the
Secretary of State, as further provided in Sections 17-11-5
and 17-11-9 this chapter, in any primary, general, special, or
municipal election, if he or she makes application in writing
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municipal election, if he or she makes application in writing
submits an absentee ballot application. and meets one or more
of the following requirements:
(1) The person expects to be out of the county or the
state, or the municipality for municipal elections, on
election day.
(2) The person has any physical illness or infirmity
which prevents his or her attendance at the polls, whether he
or she is within or without the county on the day of the
election.
(3) The person expects to work a shift which has at
least 10 hours which coincide with the hours the polls are
open at his or her regular polling place.
(4) The person is enrolled as a student at an
educational institution located outside the county of his or
her personal residence, attendance at which prevents his or
her attendance at the polls.
(5) The person is a member of, or spouse or dependent
of a member of, the Armed Forces of the United States or is
similarly qualified to vote absentee pursuant to the federal
Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
§§ 20301-20311.
(6) The person has been appointed as an election
officer or named as a poll watcher at a polling place other
than his or her regular polling place.
(7) The person is a caregiver for a family member to
the second degree of kinship by affinity or consanguinity and
the family member is confined to his or her home.
(8) The person is incarcerated in prison or jail and
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(8) The person is incarcerated in prison or jail and
has not been convicted of a felony involving moral turpitude,
as provided in Section 17-3-30.1.
(b) Applications returned by mail must be received not
less than seven days prior to the election. Applications
returned by hand must be received not less than five days
prior to the election.
(c) An applicant for an absentee ballot who is a member
of the Armed Forces of the United States, including the
Alabama National Guard, the United States Naval Reserves, the
United States Air Force Reserves, and the United States Army
Reserve on active duty or active duty for training or an
applicant who is the spouse of any member of the armed forces
or any other applicant qualified to vote absentee pursuant to
the federal Uniformed and Overseas Citizens Absentee Voting
Act, 52 U.S.C. §§ 20301-20311, may make application for an
absentee ballot by filling out the federal postcard
application form, authorized and provided for under the
provisions of The Federal Voting Assistance Act of 1955,
Public Law 296, Chapter 656, H.R. 4048, approved August 9,
1955, 84th Congress 1st Session.
(d) Any registered elector who requires emergency
treatment of a licensed physician within five days of an
election may apply for an emergency absentee ballot for the
election and may vote by returning the absentee ballot no
later than noon on the day the election is held. The attendant
physician shall describe and certify the circumstances as
constituting an emergency on a special form designed by the
Secretary of State and provided by his or her office to local
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Secretary of State and provided by his or her office to local
absentee election managers. The special form shall be attached
to the application.
(e)(1) Any registered elector whose name appears on the
poll list of qualified voters may vote by an emergency
absentee ballot if any of the following situations arise:
a. The elector is required by his or her employer under
unforeseen circumstances within five days before an election
to be unavailable to vote at the polls on election day.
b. The elector is a caregiver of a person who requires
emergency treatment by a licensed physician within five days
before an election.
c. A family member to the second degree of kinship by
affinity or consanguinity of an elector dies within five days
before an election.
(2) Under such circumstances, the elector shall apply
for an emergency absentee ballot at the office of the absentee
election manager no later than the close of the business day
one day prior to the election. The applicant shall complete
and file an application form designed by the Secretary of
State for emergency absentee voters. The form shall contain an
affidavit which the applicant shall sign or swear
acknowledging that he or she was not aware of the situation
constituting the emergency prior to five days before the
election. An applicant who meets the requirements of this
subsection may vote by an emergency absentee ballot. After
voting the ballot, the voter shall hand the ballot to the
absentee election manager.
(f) If the occurrence of a state of emergency as
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(f) If the occurrence of a state of emergency as
declared in this or any other state, or by the federal
government, renders substantial compliance with this article
impossible or unreasonable for a group of qualified voters who
respond to the emergency, the Secretary of State, pursuant to
Section 41-22-5, may adopt an emergency rule to allow those
qualified voters to vote by absentee ballot. Notwithstanding
any other laws to the contrary, all expenses and costs
incurred by the state or any county in carrying out the
responsibilities and duties included in an emergency rule
adopted pursuant to this subsection shall be paid by the State
of Alabama from any funds made available for election expenses
under state and federal law.
(g) Notwithstanding any other provision of otherwise
applicable law, in the event more than one absentee ballot is
cast in the name of the single voter, whether any multiple
ballot is cast by mail or otherwise, none of the affidavit
envelopes containing the multiple ballots shall be opened, and
none of the multiple ballots shall be counted, except in the
event of an election contest, upon the order of the election
contest tribunal. Upon the conclusion of an election contest
or, in the event no contest is filed, upon the expiration of
time for filing a contest, the multiple ballots shall be
provided to the district attorney, with photocopies provided
to the state Attorney General, for the investigation,
prosecution, or other action as may be appropriate under
applicable law."
"§17-11-7
(a) Each absentee ballot shall be accompanied by an
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(a) Each absentee ballot shall be accompanied by an
envelope upon which shall be printed an affidavit.
(b) With respect to an absentee ballot cast pursuant to
Section 17-11-3, the affidavit shall read as follows:
"State of Alabama
County of ___________
I, the undersigned, do swear (or affirm) that:
My place of residence in Alabama is:________________
(street)____________________,Alabama __________(city or
town)(zip code)
My date of birth is: __________ month day year
I am entitled to vote an absentee ballot because:
Check at least one:
___ I expect to be out of the county or the state on
election day.
___ I am physically incapacitated and will not be able
to vote in person on election day.
___ I expect to work a required workplace shift which
has at least 10 hours which coincide with the polling hours at
my regular polling place.
___ I am a student at an educational institution
located outside the county of my permanent residence and am
therefore unable to vote at my usual polling place on election
day.
___ I am a member of or a spouse or dependent of a
member of the Armed Forces of the United States or am
otherwise entitled to vote pursuant to the federal Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.
___ I have been appointed as an election officer at a
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___ I have been appointed as an election officer at a
polling place which is not my regular polling place.
___ I will be out of the county on election day
responding to a state of emergency as declared by this state
or any other state, or by the federal government.
___ I am a caregiver for a family member to the second
degree of kinship by affinity or consanguinity and the family
member is confined to his or her home.
___ I am currently incarcerated in prison or jail and I
have not been convicted of a felony involving moral turpitude.
I further swear (or affirm) that I have not voted nor
will I vote in person in the election to which this ballot
pertains.
I have marked the enclosed absentee ballot voluntarily
and I have read or had read to me and understand the
instructions accompanying this ballot and I have carefully
complied with such instructions.
Moreover, I further swear (or affirm) that all of the
information given above is true and correct to the best of my
knowledge and that I understand that by knowingly giving false
information so as to vote illegally by absentee ballot that I
shall be guilty of a misdemeanor which is punishable by a fine
not to exceed one thousand dollars ($1,000) or confinement in
the county jail for not more than six months, or both.
_________________(Signature or mark of
voter.)___________________(Printed name of voter.)
IF YOUR AFFIDAVIT IS NOT SIGNED (OR MARKED), AND IF
YOUR AFFIDAVIT IS NOT WITNESSED BY TWO WITNESSES 18 YEARS OF
AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
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AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
ACKNOWLEDGE OATHS, PRIOR TO BEING DELIVERED OR MAILED TO THE
ABSENTEE ELECTION MANAGER, YOUR BALLOT WILL NOT BE COUNTED.
Sworn to and subscribed before me this _____ day of
_____, 2__.
I certify that the affiant is known (or made known) to
me to be the identical party he or she claims to be.
___________________ (Signature of official) (Title of
official) ___________________ (Address of official) OR 1st
Witness____________ Signature _____________ Print name
_____________ Address ______________ City Zip Code
2nd Witness______________ Signature _____________ Print
name _____________ Address ______________ City Zip Code"
(c) Unless running unopposed, a candidate may not
witness or notarize any absentee ballot."
Section 2. This act shall become effective on October
1, 2024.
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