HB12INTRODUCED
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HB12
OHALMJ-1
By Representative Clarke
RFD: Constitution, Campaigns and Elections
First Read: 05-Feb-24
2024 Regular Session
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6 OHALMJ-1 10/04/2023 ANS (L)cr 2023-2995
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2024 Regular Session
SYNOPSIS:
Under existing law, an application for an
absentee ballot may only be delivered to the absentee
election manager by the applicant. Also under existing
law, an absentee ballot may only be delivered to the
absentee election manager by the voter of the absentee
ballot.
This bill would allow a disabled voter to
designate an individual to deliver the voter's
application for an absentee ballot to the absentee
election manager.
This bill would allow a disabled voter to
designate an individual to deliver the voter's absentee
ballot to the absentee election manager.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to absentee voting; to amend Sections 17-11-4
and 17-11-9, Code of Alabama 1975, to allow a disabled voter
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and 17-11-9, Code of Alabama 1975, to allow a disabled voter
to designate an individual to deliver the voter's application
for an absentee ballot to the absentee election manager; to
allow a disabled voter to designate an individual to deliver
the voter's absentee ballot to the absentee election manager;
and to make nonsubstantive, technical revisions to update the
existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 17-11-4 and 17-11-9, Code of
Alabama 1975, are amended to read as follows:
"§17-11-4
(a) The application required in Section 17-11-3 shall
be filed with the person individual designated to serve as the
absentee election manager. The application shall be in a form
prescribed and designed by the Secretary of State and shall be
used throughout the state. Notwithstanding the foregoing,
handwritten applications can may also be accepted at any time
prior to the five-day deadline to receive absentee ballot
applications as provided in Section 17-11-3.
(b) The application shall contain sufficient
information to identify the applicant and shall include the
applicant's name, residence address, or such other information
necessary to verify that the applicant is a registered voter.
The application shall also list all felonies of moral
turpitude, as provided in Section 17-3-30.1.
(c) Any applicant may receive assistance in filling out
the application as he or she desires, but each application
shall be manually signed by the applicant and, if he or she
signs by mark, the name of the witness to his or her signature
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signs by mark, the name of the witness to his or her signature
shall be signed thereonon the application .
(d)(1) The application may be handed by the applicant
to the absentee election manager or forwarded sent to him or
her the absentee election manager by United States mail or by
commercial carrier, as determined by rule by the Secretary of
State. An application for a voter who requires emergency
treatment by a licensed physician within five days before an
election pursuant to Section 17-11-3 may be forwarded hand
delivered to the absentee election manager by the applicant or
his or her designee or sent by United States mail or by
commercial carrier .
(2) An application for a disabled voter may be hand
delivered by the applicant or his or her designee to the
absentee election manager or sent by the applicant or his or
her designee to the absentee election manager by United States
mail or by commercial carrier. For purposes of this
subdivision, a disabled voter means an individual who is
temporarily or permanently physically incapacitated and unable
to apply for an absentee ballot application without
assistance.
(e) Application forms that are printed and made
available to any applicant by the absentee election manager
shall have printed thereon on the application all penalties
provided for any violation of this chapter. The Secretary of
State shall provide applications for absentee voting to
military and overseas voters in accordance with Section
17-4-35."
"§17-11-9
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"§17-11-9
(a)(1) Each prospective absentee voter who meets the
requirements of this article shall be furnished with the
absentee ballot herein provided for , together with two
envelopes for returning his or her marked ballot and
instructions for completing and returning the absentee ballot
as well as instructions for correcting mistakes in completing
ballots or obtaining a replacement ballot.
(2) One envelope shall be a plain envelope in which the
ballot shall be sealed by the voter after he or she has marked
it.
(3) The second envelope shall have the voter's
affidavit printed on the back and shall be large enough to
seal the plain ballot envelope inside. The second envelope
shall also be a return mail envelope. Such The return mail
envelope shall be addressed on the front to the absentee
election manager and shall be endorsed on the left-hand upper
corner thereof as follows:
"Absent Voter's Ballot. State, County, Municipal,
General, Primary, or Special Election (as the case may be) to
be held on the ___ day of ____, 2__ From ______ (name of
voter), precinct or districts _________, County of _______,
Alabama."
(b)(1) After marking the ballot and subscribing the
oath herein required, the voter shall seal his or her ballot
in the plain envelope, place that plain envelope inside the
affidavit envelope, complete the affidavit, have a notary
public (or other officer authorized to acknowledge oaths) or
two witnesses individuals witness his or her signature to the
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two witnesses individuals witness his or her signature to the
affidavit, and forward send it by United States mail or by
commercial carrier to the absentee election manager or hand it
to him or her in person deliver the sealed envelope to the
absentee election manager .
(2) A disabled voter or his or her designee may hand
deliver the sealed envelope to the absentee election manager
or send the sealed envelope by United States mail or by
commercial carrier. For purposes of this subdivision, a
disabled voter means an individual who is temporarily or
permanently physically incapacitated and unable to vote by
absentee ballot without assistance.
(c)(1) Notwithstanding the other provisions of this
section, the absentee election manager shall determine whether
an applicant for an absentee ballot is obligated to produce
identification in accordance with Sections 17-9-30 and 17-10-1
or reidentify in accordance with Chapter 4. For absentee
applicants required to produce identification, a third
envelope of different color and sufficient size to enclose the
first and second envelopes shall be provided to the applicant
along with instructions for including a proper form of
identification in accordance with Sections 17-9-30 and
17-10-1.
(2) For absentee applicants required to reidentify
because they do not appear in the voting place for which they
seek to vote but do appear in another voting place within the
state voter registration list, the absentee election manager
shall provide to the voter a third envelope of different color
and sufficient size to enclose the first and second envelopes
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and sufficient size to enclose the first and second envelopes
along with a voter reidentification form, a provisional voter
affirmation, and instructions in accordance with Section
17-10-2. Such The ballot shall be treated as a provisional
ballot and the term "Provisional" shall be marked on the
second or affidavit envelope prior to transmitting the ballot
to the voter.
(3) Applicants for an absentee ballot who do not appear
on the state voter registration list shall not be entitled to
an absentee ballot."
Section 2. This act shall become effective on October
1, 2024.
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