HB23INTRODUCED
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HB23
8N4WH2F-1
By Representative Hassell
RFD: Constitution, Campaigns and Elections
First Read: 05-Feb-24
2024 Regular Session
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6 8N4WH2F-1 11/28/2023 PMG (L)lmg 2023-3626
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2024 Regular Session
SYNOPSIS:
Under existing law, in order to vote by absentee
ballot, an elector must complete an absentee ballot
application, which includes checking off the reason he
or she wishes to vote by absentee ballot from a
specified list of reasons. When the elector submits the
absentee ballot to cast his or her vote, the elector
must again check off the reason for voting absentee on
the affidavit submitted with the absentee ballot.
This bill would remove from the affidavit form
the list of reasons for voting by absentee ballot.
A BILL
TO BE ENTITLED
AN ACT
Relating to voting; to amend Section 17-11-7, Code of
Alabama 1975, to remove from the affidavit that accompanies an
absentee ballot certain information that was collected from
the voter when the voter applied to vote by absentee ballot.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-11-7, Code of Alabama 1975, is
amended to read as follows:
"§17-11-7
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"§17-11-7
(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.
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and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.
___ 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 am entitled to vote an absentee ballot for the reason
specified on my absentee ballot application.
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.)
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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
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 January
1, 2025.
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