SB1ENROLLED
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SB1
6864ZZ1-2
By Senators Gudger, Roberts, Allen, Bell, Weaver, Elliott,
Barfoot, Shelnutt, Stutts, Waggoner
RFD: State Governmental Affairs
First Read: 06-Feb-24
PFD: 09-Jun-23
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PFD: 09-Jun-23
Enrolled, An Act,
Relating to absentee ballot applications; to amend
Section 17-11-4, Code of Alabama 1975; to delete a provision
allowing a handwritten request for an absentee ballot in lieu
of completing an absentee ballot application form; to prohibit
prefilling of applications by another person; to prohibit a
person from receiving a payment or providing a payment or gift
to another person for distributing, ordering, requesting,
collecting, prefilling, completing, obtaining, or delivering
an absentee ballot application of a voter in certain
circumstances; to provide for criminal penalties; and to make
nonsubstantive, technical revisions to update the existing
code language to current style; 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. Section 17-11-4, Code of Alabama 1975, is
amended to read as follows:
"§17-11-4
(a) The application required in Section 17-11-3 shall
be filed with the person designated to serve as the absentee
election manager. The application shall be in a form
prescribed and designed by the Secretary of State and shall be
used throughout the state. Notwithstanding the foregoing,
handwritten applications can also be accepted at any time
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handwritten applications can also be accepted at any time
prior to the five-day deadline to receive absentee ballot
applications as provided in Section 17-11-3. The application
form shall contain and require all of the following:
(1) That the applicant submit sufficient information to
identify the applicant .and shall include the
(2) The applicant's name, residence address, or and
such other information as necessary to verify that the
applicant is a registered voter. The application shall also
(3) A list of all felonies of moral turpitude, as
provided in Section 17-3-30.1 , and a requirement that the
applicant declare that he or she is not barred from voting
because of a disqualifying felony conviction or, if the
applicant was convicted of a disqualifying felony, that the
applicant's right to vote has been restored .
(4) An explanation of penalties for violations of this
section.
(b)(1) Any applicant may receive assistance in filling
out the application as he or she desires, but each application
shall be manually signed by the applicant , under penalty of
perjury, and, if he or she signs by mark, the application
shall also include the name of the witness to his or her and
the witness's signature shall be signed thereon .
(2) It shall be unlawful for any person to knowingly
distribute an absentee ballot application to a voter that is
prefilled with the voter's name or any other information
required on the application form.
(c)(1) The application may be handed by the
applicantCompleted applications may be submitted to the
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applicantCompleted applications may be submitted to the
absentee election manager or forwarded to him or her by United
States in any of the following ways, as further provided by
rule of the Secretary of State:
a. The applicant delivering the application in person.
b. The applicant mailing the application by U.S. mail
or.
c. The applicant sending the application by commercial
carrier., as determined by rule by the Secretary of State. An
(2) Except in situations governed by Section
17-11-3(f), it shall be unlawful for an individual to submit a
completed absentee ballot application to the absentee election
manager other than his or her own application, except that an
application for a voter who requires emergency treatment by a
licensed physician within five days before an election
pursuant to Section 17-11-3 may be forwarded submitted to the
absentee election manager by the applicant or his or her
designee. Application forms that are printed and made
available to any applicant by the absentee election manager
shall have printed thereon all penalties provided for any
violation of this article an individual designated by the
applicant.
(d)(1) Except in situations governed by Section
17-11-3(f), it shall be unlawful for a third party to
knowingly receive a payment or gift for distributing,
ordering, requesting, collecting, completing, prefilling,
obtaining, or delivering a voter's absentee ballot
application. Any person who violates this subdivision shall be
guilty of a Class C felony.
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guilty of a Class C felony.
(2) Except in situations governed by Section
17-11-3(f), it shall be unlawful for a person to knowingly pay
or provide a gift to a third party to distribute, order,
request, collect, prefill, complete, obtain, or deliver a
voter's absentee ballot application. Any person who violates
this subdivision shall be guilty of a Class B felony.
(e) Any voter who requires assistance to vote by reason
of blindness, disability, or inability to read or write may be
given assistance by an individual of the voter’s choice, other
than the voter’s employer or agent of that employer or officer
or agent of the voter’s union.
(f) Voters voting by absentee ballot through the
Uniformed and Overseas Citizens Absentee Voting Act are not
subject to this section. The Secretary of State shall provide
applications for absentee voting to military and overseas
voters in accordance with Section 17-4-35."
Section 2. Unless a penalty is otherwise specified, a
knowing violation of Chapter 11 of Title 17, Code of Alabama
1975, is a Class A misdemeanor.
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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otherwise becoming law.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB1
Senate 13-Feb-24
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 07-Mar-24
Senate concurred in House amendment 19-Mar-24
By: Senator Gudger
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