HB64INTRODUCED
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HB64
AM1KQQ7-1
By Representative Hassell
RFD: Constitution, Campaigns and Elections
First Read: 06-Feb-24
PFD: 30-Jan-24
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6 AM1KQQ7-1 10/25/2023 ANS (L)ma 2023-3154
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PFD: 30-Jan-24
SYNOPSIS:
Under existing law, an absentee ballot may not
be removed from the affidavit envelope if the affidavit
envelope is defective.
This bill would require an absentee election
manager to allow an elector who has submitted a
defective absentee ballot affidavit within a certain
time period before the election an opportunity to cure
the defect.
A BILL
TO BE ENTITLED
AN ACT
Relating to voting; to amend Section 17-11-10, Code of
Alabama 1975, to require an absentee election manager to allow
an elector who has submitted a defective absentee ballot
affidavit within a certain time period before the election an
opportunity to cure the defect.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-11-10, Code of Alabama 1975, is
amended to read as follows:
"§17-11-10
(a) Upon receipt of the absentee ballot, the absentee
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(a) Upon receipt of the absentee ballot, the absentee
election manager shall record its the receipt on the absentee
list as provided in Section 17-11-5 , shall examine the
affidavit envelope and determine if it contains a defect that
would prohibit a poll worker or other election official from
removing or counting the ballot under subdivision (b)(2), and
shall safely keep the ballot without breaking the seal of the
affidavit envelope.
(2) For any absentee ballot received three or more
business days preceding an election, the absentee election
manager, within two business days of receipt of the absentee
ballot, shall notify the elector of each defect with his or
her absentee ballot, provide instructions on how to cure the
defect, and notify the elector that he or she has until the
last business day before the election to cure the defect.
(3) The absentee election manager shall allow an
elector to cure any of the following defects:
a. The elector did not sign the affidavit.
b. The address provided on the affidavit does not match
the address on the absentee ballot application.
c. The order of envelopes is incorrect.
d. The affidavit is not properly witnessed or
notarized.
e. The elector failed to indicate his or her reason for
voting absentee.
(b)(1) The absentee election manager, beginning at 7:00
a.m. on the day of the election, shall deliver the sealed
affidavit envelopes containing absentee ballots to the
election officials provided for in Section 17-11-11. The
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election officials provided for in Section 17-11-11. The
election officials shall then call the name of each voter
casting an absentee ballot with poll watchers present as may
be provided under the laws of Alabama and shall examine each
affidavit envelope to determine if the signature of the voter
has been appropriately witnessed. If the witnessing of the
signature and the information in the affidavit establish that
the voter is entitled to vote by absentee ballot, then the
election officials shall certify the findings, open each
affidavit envelope, and deposit the plain envelope containing
the absentee ballot into a sealed ballot box.
(2) No poll worker or other election official shall
open an affidavit envelope if the envelope indicates the
ballot is an unverified provisional ballot or the affidavit is
unsigned by the voter or unmarked, and no ballot envelope or
ballot may be removed or counted. No poll worker or other
election official shall open an affidavit envelope if the
voter's affidavit signature or mark is not witnessed by the
signatures of two witnesses or a notary public, or other
officer, including a military commissioned officer, authorized
to acknowledge oaths, and no ballot envelope or ballot may be
removed or counted. The provision for witnessing of the
voter's affidavit signature or mark in Section 17-11-7 goes to
the integrity and sanctity of the ballot and election. No
court or other election tribunal shall allow the counting of
an absentee ballot with respect to which the voter's affidavit
signature or mark is not witnessed by the signatures of two
witnesses 18 years of age or older or a notary public, or
other officer, including a military commissioned officer,
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other officer, including a military commissioned officer,
authorized to acknowledge oaths, prior to being delivered or
mailed to the absentee election manager.
(3) Upon closing of the polls, the absentee ballots
shall be counted and otherwise handled in all respects as if
the absentee voter were present and voting in person. Precinct
ballot counters may be used to count absentee ballots.
Absentee election officials are to be appointed and trained in
the same manner as prescribed for regular election officials.
The number of absentee election officials shall be determined
by the number of precinct counters provided. The county
commission may provide more than one precinct ballot counter
based upon the recommendation of the absentee election
manager. Beginning not earlier than 7:00 a.m. on election day,
the absentee election officials shall perform the duties
prescribed in Section 17-11-11.
(4) As regards Regarding municipalities with
populations of less than 10,000, in the case of municipal
elections held at a time different from a primary or general
election, the return mail envelopes containing the ballots
shall be delivered to the election official of the precinct of
the respective voters, unless the city or town having a
population of less than 10,000 inhabitants has established, by
permanent ordinance adopted six months prior to the municipal
election, a procedure for the appointment of absentee election
officials pursuant to subsection (c) of Section 11-46-27.
(c)(1) Absentee ballots cast in a second primary
election for federal, state, or county office by individuals
voting pursuant to the federal Uniformed and Overseas Citizens
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voting pursuant to the federal Uniformed and Overseas Citizens
Absentee Voting Act, 52 U.S.C. §§ 20301-20311, and received
after noon on the day of the second primary election, shall be
opened and counted at the same time as the verified
provisional ballots. At noon seven days after the second
primary election, the absentee election manager shall deliver
the sealed affidavit envelopes containing absentee ballots to
the officials provided for in subsection (f) of Section
17-10-2. The officials shall call the name of each voter
casting an absentee ballot in the presence of watchers
designated by any interested candidates and shall examine each
affidavit envelope to determine if the signature of the voter
has been appropriately witnessed. If the witnessing of the
signature and the information in the affidavit establish that
the voter is entitled to vote by absentee ballot, then the
election officials shall certify the findings, open each
affidavit envelope, and deposit the plain envelope containing
the absentee ballot into a sealed ballot box.
(2) No election official shall open an affidavit
envelope if the affidavit printed thereon is unsigned by the
voter or unmarked, and no ballot envelope or ballot therein
may be removed or counted. No election official shall open an
affidavit envelope if the voter's affidavit signature or mark
is not witnessed by the signatures of two witnesses or a
notary public, or other officer, including a military
commissioned officer, authorized to acknowledge oaths, and no
ballot envelope or ballot therein may be removed or counted.
The provision for witnessing of the voter's affidavit
signature or mark in Section 17-11-7 goes to the integrity and
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signature or mark in Section 17-11-7 goes to the integrity and
sanctity of the ballot and election. No court or other
election tribunal shall allow the counting of an absentee
ballot with respect to which the voter's affidavit signature
or mark is not witnessed by the signatures of two witnesses 18
years of age or older or a notary public, or other officer,
including a military commissioned officer, authorized to
acknowledge oaths, prior to being delivered or mailed to the
absentee election manager.
(3) The absentee ballots described in this subsection
shall be opened, counted, and tabulated. The results of the
absentee ballots counted and tabulated on election day shall
be amended to include the results of the absentee ballots
described in this subsection.
(4) In all other respects, unless otherwise
specifically provided by law, the absentee ballots described
in this subsection shall be treated as other absentee ballots.
(d) The Secretary of State shall adopt rules to
implement subsection (a). "
Section 2. This act shall become effective on October
1, 2024.
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