SB1INTRODUCED
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LFNVYY-1
By Senators Gudger, Roberts, Allen, Bell, Weaver, Elliott,
Barfoot, Shelnutt, Stutts, Waggoner
RFD: State Governmental Affairs
First Read: 05-Feb-24
2024 Regular Session
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6 LFNVYY-1 06/06/2023 CNB (L) bm 2023-2384
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SYNOPSIS:
This bill would prohibit any person from
ordering, requesting, collecting, prefilling,
obtaining, or delivering an absentee ballot
application or absentee ballot of a voter in certain
circumstances and would provide for exceptions.
This bill would prohibit any person from
receiving a payment or providing a payment to another
person for distributing, ordering, requesting,
collecting, prefilling, completing, obtaining, or
delivering an absentee ballot application or absentee
ballot of a voter in certain circumstances.
This bill would also establish criminal
penalties for violations.
Section 111.05 of the Constitution of Alabama
of 2022, prohibits a general law whose purpose or
effect would be to require a new or increased
expenditure of local funds from becoming effective
with regard to a local governmental entity without
enactment by a 2/3 vote unless: it comes within one
of a number of specified exceptions; it is approved
by the affected entity; or the Legislature
appropriates funds, or provides a local source of
revenue, to the entity for the purpose.
The purpose or effect of this bill would be to
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require a new or increased expenditure of local funds
within the meaning of the amendment. However, the
bill does not require approval of a local
governmental entity or enactment by a 2/3 vote to
become effective because it comes within one of the
specified exceptions contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to voting; to prohibit any person from
ordering, requesting, collecting, prefilling, obtaining, or
delivering an absentee ballot application or absentee ballot
of a voter in certain circumstances; to provide for
exceptions; to prohibit a person from receiving a payment or
providing a payment to another person for distributing,
ordering, requesting, collecting, prefilling, completing,
obtaining, or delivering an absentee ballot application or
absentee ballot of a voter in certain circumstances; and in
connection therewith would have as its purpose or effect the
requirement of a new or increased expenditure of local funds
within the meaning of Section 111.05 of the Constitution of
Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) Except as provided in subsection (c), it
shall be unlawful for any person to knowingly order, request,
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collect, prefill, obtain, or deliver an absentee ballot
application or absentee ballot other than his or her own
absentee ballot application or absentee ballot.
(b) Any person who violates this section shall be
guilty of a Class A misdemeanor.
(c) Any voter requiring assistance in ordering,
requesting, obtaining, or delivering an absentee ballot
application may gain assistance from any of the following:
(1) Any family member to the second degree of kinship,
including, but not limited to, an aunt, uncle, grandparent,
grandchild, niece, nephew, parent, full-sibling, half-sibling,
or child.
(2) A resident of the household who has resided with
the voter for more than six months immediately prior to the
voter submitting his or her absentee ballot application.
(3) The Alabama Secretary of State or an employee of
the Alabama Secretary of State designated in writing by the
Alabama Secretary of State.
(4) The judge of probate or an employee designated in
writing by the judge of probate for the county in which the
elector resides.
(5) The absentee election manager for the county in
which the elector resides for elections.
(6) The absentee election manager for the municipality
in which the voter votes for municipal elections.
(7) A guardian, conservator, or other individual
appointed by order of the probate court.
(d) Electors voting by absentee ballot through the
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Uniformed and Overseas Citizens Absentee Voting Act are not
subject to this section.
(e) It shall not be a violation of this section if an
individual, of the voter's choosing, provides assistance to a
voter due to the voter being blind, disabled, or unable to
read or write, pursuant to 52 U.S.C. ยง 10508.
Section 2. (a) It shall be unlawful for a third party
to knowingly receive a payment for distributing, ordering,
requesting, collecting, completing, prefilling, obtaining, or
delivering a voter's absentee ballot application or absentee
ballot.
(b) It shall be unlawful for a person to knowingly pay
a third party to distribute, order, request, collect, prefill,
complete, obtain, or deliver a voter's absentee ballot
application or absentee ballot.
(c)(1) Any person who violates subsection (a) shall be
guilty of a Class C felony.
(2) Any person who violates subsection (b) shall be
guilty of a Class B felony.
Section 3. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 4. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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