Alabama 2024 Regular Session

Alabama House Bill HB12 Compare Versions

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

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1	1	HB12INTRODUCED
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3	3	HB12
4	4	OHALMJ-1
5	5	By Representative Clarke
6	6	RFD: Constitution, Campaigns and Elections
7	7	First Read: 05-Feb-24
8	8	2024 Regular Session
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14	14	6 OHALMJ-1 10/04/2023 ANS (L)cr 2023-2995
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16	16	2024 Regular Session
17	17	SYNOPSIS:
18	18	Under existing law, an application for an
19	19	absentee ballot may only be delivered to the absentee
20	20	election manager by the applicant. Also under existing
21	21	law, an absentee ballot may only be delivered to the
22	22	absentee election manager by the voter of the absentee
23	23	ballot.
24	24	This bill would allow a disabled voter to
25	25	designate an individual to deliver the voter's
26	26	application for an absentee ballot to the absentee
27	27	election manager.
28	28	This bill would allow a disabled voter to
29	29	designate an individual to deliver the voter's absentee
30	30	ballot to the absentee election manager.
31	31	This bill would also make nonsubstantive,
32	32	technical revisions to update the existing code
33	33	language to current style.
34	34	A BILL
35	35	TO BE ENTITLED
36	36	AN ACT
37	37	Relating to absentee voting; to amend Sections 17-11-4
38	38	and 17-11-9, Code of Alabama 1975, to allow a disabled voter
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66	66	28 HB12 INTRODUCED
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68	68	and 17-11-9, Code of Alabama 1975, to allow a disabled voter
69	69	to designate an individual to deliver the voter's application
70	70	for an absentee ballot to the absentee election manager; to
71	71	allow a disabled voter to designate an individual to deliver
72	72	the voter's absentee ballot to the absentee election manager;
73	73	and to make nonsubstantive, technical revisions to update the
74	74	existing code language to current style.
75	75	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
76	76	Section 1. Sections 17-11-4 and 17-11-9, Code of
77	77	Alabama 1975, are amended to read as follows:
78	78	"§17-11-4
79	79	(a) The application required in Section 17-11-3 shall
80	80	be filed with the person individual designated to serve as the
81	81	absentee election manager. The application shall be in a form
82	82	prescribed and designed by the Secretary of State and shall be
83	83	used throughout the state. Notwithstanding the foregoing,
84	84	handwritten applications can may also be accepted at any time
85	85	prior to the five-day deadline to receive absentee ballot
86	86	applications as provided in Section 17-11-3.
87	87	(b) The application shall contain sufficient
88	88	information to identify the applicant and shall include the
89	89	applicant's name, residence address, or such other information
90	90	necessary to verify that the applicant is a registered voter.
91	91	The application shall also list all felonies of moral
92	92	turpitude, as provided in Section 17-3-30.1.
93	93	(c) Any applicant may receive assistance in filling out
94	94	the application as he or she desires, but each application
95	95	shall be manually signed by the applicant and, if he or she
96	96	signs by mark, the name of the witness to his or her signature
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126	126	signs by mark, the name of the witness to his or her signature
127	127	shall be signed thereonon the application .
128	128	(d)(1) The application may be handed by the applicant
129	129	to the absentee election manager or forwarded sent to him or
130	130	her the absentee election manager by United States mail or by
131	131	commercial carrier, as determined by rule by the Secretary of
132	132	State. An application for a voter who requires emergency
133	133	treatment by a licensed physician within five days before an
134	134	election pursuant to Section 17-11-3 may be forwarded hand
135	135	delivered to the absentee election manager by the applicant or
136	136	his or her designee or sent by United States mail or by
137	137	commercial carrier .
138	138	(2) An application for a disabled voter may be hand
139	139	delivered by the applicant or his or her designee to the
140	140	absentee election manager or sent by the applicant or his or
141	141	her designee to the absentee election manager by United States
142	142	mail or by commercial carrier. For purposes of this
143	143	subdivision, a disabled voter means an individual who is
144	144	temporarily or permanently physically incapacitated and unable
145	145	to apply for an absentee ballot application without
146	146	assistance.
147	147	(e) Application forms that are printed and made
148	148	available to any applicant by the absentee election manager
149	149	shall have printed thereon on the application all penalties
150	150	provided for any violation of this chapter. The Secretary of
151	151	State shall provide applications for absentee voting to
152	152	military and overseas voters in accordance with Section
153	153	17-4-35."
154	154	"§17-11-9
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184	184	"§17-11-9
185	185	(a)(1) Each prospective absentee voter who meets the
186	186	requirements of this article shall be furnished with the
187	187	absentee ballot herein provided for , together with two
188	188	envelopes for returning his or her marked ballot and
189	189	instructions for completing and returning the absentee ballot
190	190	as well as instructions for correcting mistakes in completing
191	191	ballots or obtaining a replacement ballot.
192	192	(2) One envelope shall be a plain envelope in which the
193	193	ballot shall be sealed by the voter after he or she has marked
194	194	it.
195	195	(3) The second envelope shall have the voter's
196	196	affidavit printed on the back and shall be large enough to
197	197	seal the plain ballot envelope inside. The second envelope
198	198	shall also be a return mail envelope. Such The return mail
199	199	envelope shall be addressed on the front to the absentee
200	200	election manager and shall be endorsed on the left-hand upper
201	201	corner thereof as follows:
202	202	"Absent Voter's Ballot. State, County, Municipal,
203	203	General, Primary, or Special Election (as the case may be) to
204	204	be held on the ___ day of ____, 2__ From ______ (name of
205	205	voter), precinct or districts _________, County of _______,
206	206	Alabama."
207	207	(b)(1) After marking the ballot and subscribing the
208	208	oath herein required, the voter shall seal his or her ballot
209	209	in the plain envelope, place that plain envelope inside the
210	210	affidavit envelope, complete the affidavit, have a notary
211	211	public (or other officer authorized to acknowledge oaths) or
212	212	two witnesses individuals witness his or her signature to the
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242	242	two witnesses individuals witness his or her signature to the
243	243	affidavit, and forward send it by United States mail or by
244	244	commercial carrier to the absentee election manager or hand it
245	245	to him or her in person deliver the sealed envelope to the
246	246	absentee election manager .
247	247	(2) A disabled voter or his or her designee may hand
248	248	deliver the sealed envelope to the absentee election manager
249	249	or send the sealed envelope by United States mail or by
250	250	commercial carrier. For purposes of this subdivision, a
251	251	disabled voter means an individual who is temporarily or
252	252	permanently physically incapacitated and unable to vote by
253	253	absentee ballot without assistance.
254	254	(c)(1) Notwithstanding the other provisions of this
255	255	section, the absentee election manager shall determine whether
256	256	an applicant for an absentee ballot is obligated to produce
257	257	identification in accordance with Sections 17-9-30 and 17-10-1
258	258	or reidentify in accordance with Chapter 4. For absentee
259	259	applicants required to produce identification, a third
260	260	envelope of different color and sufficient size to enclose the
261	261	first and second envelopes shall be provided to the applicant
262	262	along with instructions for including a proper form of
263	263	identification in accordance with Sections 17-9-30 and
264	264	17-10-1.
265	265	(2) For absentee applicants required to reidentify
266	266	because they do not appear in the voting place for which they
267	267	seek to vote but do appear in another voting place within the
268	268	state voter registration list, the absentee election manager
269	269	shall provide to the voter a third envelope of different color
270	270	and sufficient size to enclose the first and second envelopes
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300	300	and sufficient size to enclose the first and second envelopes
301	301	along with a voter reidentification form, a provisional voter
302	302	affirmation, and instructions in accordance with Section
303	303	17-10-2. Such The ballot shall be treated as a provisional
304	304	ballot and the term "Provisional" shall be marked on the
305	305	second or affidavit envelope prior to transmitting the ballot
306	306	to the voter.
307	307	(3) Applicants for an absentee ballot who do not appear
308	308	on the state voter registration list shall not be entitled to
309	309	an absentee ballot."
310	310	Section 2. This act shall become effective on October
311	311	1, 2024.
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