Alabama 2024 Regular Session

Alabama House Bill HB86 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB86ENGROSSED~~
	1	+	HB86INTRODUCED
2	2		Page 0
3	3		HB86
4		-	~~7LK1E2E-2~~
	4	+	TGMQ159-1
5	5		By Representative Pringle
6	6		RFD: Constitution, Campaigns and Elections
7	7		First Read: 06-Feb-24
8	8		PFD: 01-Feb-24
9	9		1
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14		-	6 ~~HB86 Engrossed~~
	14	+	6 TGMQ159-1 11/08/2023 ANS (L)ma 2023-3422
15	15		Page 1
16	16		PFD: 01-Feb-24
	17	+	SYNOPSIS:
	18	+	Under existing law, an elector must vote in the
	19	+	county and voting place of his or her domicile.
	20	+	This bill would provide procedures for an
	21	+	elector to vote when the elector has changed his or her
	22	+	domicile and has not updated his or her voter
	23	+	registration record prior to an election.
17	24		A BILL
18	25		TO BE ENTITLED
19	26		AN ACT
20	27		Relating to voting; to amend Section 17-9-10, Code of
21	28		Alabama 1975, to provide procedures for an elector to vote
22	29		when the elector has changed his or her domicile and has not
23	30		updated his or her voter registration record prior to an
24	31		election.
25	32		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26	33		Section 1. Section 17-9-10, Code of Alabama 1975, is
27	34		amended to read as follows:
28	35		"§17-9-10
29	36		(a) At all elections held within this state, the
30	37		elector shall vote in the county and voting place of the
31	38		precinct of his or her domicile and nowhere else and shall
32		-	have registered as provided in this title. If any elector
33		-	attempts to vote in any voting place other than that of his or
34		-	her domicile, his or her vote shall be rejected, except when
35		-	casting a provisional ballot, as provided by law.
36		-	(b) If any elector who has a current domicile that
37		-	differs from the domicile listed on the elector's voter
38		-	registration record but whose current domicile is within the
39		-	same voting place of the precinct of the elector's voter
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67		-	28 HB86 ~~Engrossed~~
	66	+	28 HB86 INTRODUCED
68	67		Page 2
	68	+	precinct of his or her domicile and nowhere else and shall
	69	+	have registered as provided in this title. If any elector
	70	+	attempts to vote in any voting place other than that of his or
	71	+	her domicile, his or her vote shall be rejected, except when
	72	+	casting a provisional ballot, as provided by law.
	73	+	(b) If any elector who has a current domicile that
	74	+	differs from the domicile listed on the elector's voter
	75	+	registration record but whose current domicile is within the
69	76		same voting place of the precinct of the elector's voter
70	77		registration record, and the elector attempts to vote, an
71	78		election official may provide the elector a form to update his
72	79		or her voter registration record and allow the elector to cast
73	80		a regular ballot.
74	81		(c)(1) If any elector who has a current domicile that
75	82		differs from the domicile listed on the elector's voter
76	83		registration record and whose current domicile is not within
77	84		the same voting place of the precinct of the elector's voter
78	85		registration record, and the elector attempts to vote, an
79	86		election official may inform the elector of his or her correct
80	87		voting place and instruct the elector to go to the correct
81	88		voting place of the precinct of his or her current domicile,
82	89		so long as the current domicile is within the same county
83	90		where the elector is registered to vote.
84	91		(2) An election official may inquire as to whether an
85	92		elector's current domicile differs from the domicile listed on
86	93		the elector's voter registration record if any of the
87	94		following occur:
88	95		a. The elector informs an election official that his or
89	96		her current domicile differs from the domicile listed on the
90		-	elector's voter registration record.
91		-	b. The identification presented by the elector bears an
92		-	address that differs from the domicile on his or her voter
93		-	registration record and, after reasonable inquiry, the
94		-	election official has a reasonable and good faith belief that
95		-	the domicile of the elector is no longer within the precinct
96		-	of the voting place where the elector is attempting to vote.
97		-	c. The election official has a reasonable and good
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125		-	56 HB86 ~~Engrossed~~
	124	+	56 HB86 INTRODUCED
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	126	+	her current domicile differs from the domicile listed on the
	127	+	elector's voter registration record.
	128	+	b. The identification presented by the elector bears an
	129	+	address that differs from the domicile on his or her voter
	130	+	registration record and, after reasonable inquiry, the
	131	+	election official has a reasonable and good faith belief that
	132	+	the domicile of the elector is no longer within the precinct
	133	+	of the voting place where the elector is attempting to vote.
127	134		c. The election official has a reasonable and good
128	135		faith belief from independent and reliable sources that the
129	136		elector's domicile is no longer within the precinct of that
130	137		voting place.
131	138		(3) An election official may provide a pass or other
132	139		form to an elector whose current domicile is not within the
133	140		precinct of the voting place where he or she is attempting to
134	141		vote to facilitate and minimize the elector's wait time to
135	142		vote at the correct voting place.
136	143		(4) An elector shall be entitled to cast a provisional
137	144		ballot at the correct voting place, which provisional ballot
138	145		shall permit the elector to update his or her voter
139		-	registration, effective immediately. The ~~canvassing board~~
140		-	shall take the necessary measures to ensure that ~~all votes~~
141		-	~~lawfully cast on any~~ provisional ballot pursuant to this
142		-	~~subdivision~~ are tabulated ~~and included in the final certified~~
143		-	election returns.
	146	+	registration, effective immediately. The Board of Registrars
	147	+	shall take the necessary measures to ensure that any
	148	+	provisional ballot cast pursuant to this subdivision is
	149	+	provided to the canvassing board and such votes are tabulated
	150	+	and included in the final certified election returns.
144	151		(d) If an elector who has been directed to proceed to
145	152		another voting place pursuant to subsection (c) and the
146	153		elector asserts that he or she is eligible to vote at the
147	154		voting place where he or she is attempting to vote, the
148		-	election official shall allow the elector to cast a
149		-	provisional ballot at the voting place identified on the
150		-	elector's voter registration record. An inspector within the
151		-	voting place where the elector is attempting to vote may file
152		-	a challenge statement under penalty of perjury setting forth
153		-	the facts demonstrating the inspector's reasonable good faith
154		-	belief as to why the elector is not qualified to vote in the
155		-	voting place in accordance with Section 17-10-2(a)(2). "
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183		-	84 HB86 ~~Engrossed~~
	182	+	84 HB86 INTRODUCED
184	183		Page 4
	184	+	voting place where he or she is attempting to vote, the
	185	+	election official shall allow the elector to cast a
	186	+	provisional ballot at the voting place identified on the
	187	+	elector's voter registration record. An inspector within the
	188	+	voting place where the elector is attempting to vote may file
	189	+	a challenge statement under penalty of perjury setting forth
	190	+	the facts demonstrating the inspector's reasonable good faith
	191	+	belief as to why the elector is not qualified to vote in the
185	192		voting place in accordance with Section 17-10-2(a)(2). "
186	193		Section 2. This act shall become effective on October
187	194		1, 2024.
188	195		85
189		-	86 HB86 Engrossed
190		-	Page 5
191		-	1, 2024.
192		-	House of Representatives
193		-	Read for the first time and referred
194		-	to the House of Representatives
195		-	committee on Constitution, Campaigns
196		-	and Elections
197		-	................06-Feb-24
198		-	Read for the second time and placed
199		-	on the calendar:
200		-	0 amendments
201		-	................06-Mar-24
202		-	Read for the third time and passed
203		-	as amended
204		-	Yeas 103
205		-	Nays 0
206		-	Abstains 0
207		-	................02-Apr-24
208		-	John Treadwell
209		-	Clerk
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