HB86ENGROSSED
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HB86
7LK1E2E-2
By Representative Pringle
RFD: Constitution, Campaigns and Elections
First Read: 06-Feb-24
PFD: 01-Feb-24
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PFD: 01-Feb-24
A BILL
TO BE ENTITLED
AN ACT
Relating to voting; to amend Section 17-9-10, Code of
Alabama 1975, to provide procedures for an elector to vote
when the elector has changed his or her domicile and has not
updated his or her voter registration record prior to an
election.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-9-10, Code of Alabama 1975, is
amended to read as follows:
"ยง17-9-10
(a) At all elections held within this state, the
elector shall vote in the county and voting place of the
precinct of his or her domicile and nowhere else and shall
have registered as provided in this title. If any elector
attempts to vote in any voting place other than that of his or
her domicile, his or her vote shall be rejected, except when
casting a provisional ballot, as provided by law.
(b) If any elector who has a current domicile that
differs from the domicile listed on the elector's voter
registration record but whose current domicile is within the
same voting place of the precinct of the elector's voter
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same voting place of the precinct of the elector's voter
registration record, and the elector attempts to vote, an
election official may provide the elector a form to update his
or her voter registration record and allow the elector to cast
a regular ballot.
(c)(1) If any elector who has a current domicile that
differs from the domicile listed on the elector's voter
registration record and whose current domicile is not within
the same voting place of the precinct of the elector's voter
registration record, and the elector attempts to vote, an
election official may inform the elector of his or her correct
voting place and instruct the elector to go to the correct
voting place of the precinct of his or her current domicile,
so long as the current domicile is within the same county
where the elector is registered to vote.
(2) An election official may inquire as to whether an
elector's current domicile differs from the domicile listed on
the elector's voter registration record if any of the
following occur:
a. The elector informs an election official that his or
her current domicile differs from the domicile listed on the
elector's voter registration record.
b. The identification presented by the elector bears an
address that differs from the domicile on his or her voter
registration record and, after reasonable inquiry, the
election official has a reasonable and good faith belief that
the domicile of the elector is no longer within the precinct
of the voting place where the elector is attempting to vote.
c. The election official has a reasonable and good
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c. The election official has a reasonable and good
faith belief from independent and reliable sources that the
elector's domicile is no longer within the precinct of that
voting place.
(3) An election official may provide a pass or other
form to an elector whose current domicile is not within the
precinct of the voting place where he or she is attempting to
vote to facilitate and minimize the elector's wait time to
vote at the correct voting place.
(4) An elector shall be entitled to cast a provisional
ballot at the correct voting place, which provisional ballot
shall permit the elector to update his or her voter
registration, effective immediately. The canvassing board
shall take the necessary measures to ensure that all votes
lawfully cast on any provisional ballot pursuant to this
subdivision are tabulated and included in the final certified
election returns.
(d) If an elector who has been directed to proceed to
another voting place pursuant to subsection (c) and the
elector asserts that he or she is eligible to vote at the
voting place where he or she is attempting to vote, the
election official shall allow the elector to cast a
provisional ballot at the voting place identified on the
elector's voter registration record. An inspector within the
voting place where the elector is attempting to vote may file
a challenge statement under penalty of perjury setting forth
the facts demonstrating the inspector's reasonable good faith
belief as to why the elector is not qualified to vote in the
voting place in accordance with Section 17-10-2(a)(2). "
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voting place in accordance with Section 17-10-2(a)(2). "
Section 2. This act shall become effective on October
1, 2024.
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1, 2024.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Constitution, Campaigns
and Elections
................06-Feb-24
Read for the second time and placed
on the calendar:
0 amendments
................06-Mar-24
Read for the third time and passed
as amended
Yeas 103
Nays 0
Abstains 0
................02-Apr-24
John Treadwell
Clerk
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