Alabama 2024 Regular Session

Alabama Senate Bill SB178 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB178INTRODUCED
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3	3	SB178
4	4	RZPVNYY-1
5	5	By Senators Coleman-Madison, Stewart, Beasley, Coleman,
6	6	Singleton, Smitherman
7	7	RFD: Judiciary
8	8	First Read: 29-Feb-24
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14	14	6 RZPVNYY-1 02/28/2024 ANS (L) cr 2024-589
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16	16	First Read: 29-Feb-24
17	17	SYNOPSIS:
18	18	Under existing law, an individual who has lost
19	19	his or her right to vote based upon a past criminal
20	20	conviction may apply to the Board of Pardons and
21	21	Paroles for a Certificate of Eligibility to Register to
22	22	Vote under certain circumstances, including payment of
23	23	all fines, court costs, fees, and victim restitution as
24	24	ordered by the sentencing court and completion of
25	25	probation or parole and release from compliance by the
26	26	court or Board of Pardons and Paroles.
27	27	This bill would eliminate the application
28	28	requirement and the Certificate of Eligibility to
29	29	Register to Vote and require the Board of Pardons and
30	30	Paroles to restore the voting rights of individuals who
31	31	lost the right to vote by reason of conviction of
32	32	certain crimes if the individuals have met the criteria
33	33	for restoration of voting rights.
34	34	A BILL
35	35	TO BE ENTITLED
36	36	AN ACT
37	37	Relating to voting rights; to amend Sections
38	38	15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
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66	66	28 SB178 INTRODUCED
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68	68	15-22-36.1, 17-3-31, and 17-4-3, Code of Alabama 1975; to
69	69	eliminate the application requirement and the Certificate of
70	70	Eligibility to Register to Vote; and to require the Board of
71	71	Pardons and Paroles to restore the voting rights of
72	72	individuals who lost the right to vote by reason of conviction
73	73	of certain crimes if the individuals have met the criteria for
74	74	restoration of voting rights.
75	75	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
76	76	Section 1. Sections 15-22-36.1, 17-3-31, and 17-4-3,
77	77	Code of Alabama 1975, are amended to read as follows:
78	78	"§15-22-36.1
79	79	(a) Any other provision of law notwithstanding, any
80	80	personan individual who has lost his or her right to vote by
81	81	reason of conviction of a felony in a state, federal, or
82	82	foreign court, regardless of the date of his or her sentence,
83	83	may apply to the Board of Pardons and Paroles for a
84	84	Certificate of Eligibility to Register to Vote shall have his
85	85	or her right to vote restored if all of the following
86	86	requirements criteria are met:
87	87	(1) The person has lost his or her right to vote by
88	88	reason of conviction in a state ,or federal, or foreign court
89	89	in any case except those listed in subsection (g)(d).
90	90	(2) The person has no criminal felony charges pending
91	91	against him or her in any state ,or federal, or foreign court.
92	92	(3) The person has paid an amount equal to all fines,
93	93	court costs, fees, and victim restitution ordered by the
94	94	sentencing court at the time of sentencing on disqualifying
95	95	cases.
96	96	(4) Any of the following are true on all disqualifying
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126	126	(4) Any of the following are true on all disqualifying
127	127	cases:
128	128	a. The person individual has been released upon
129	129	completion of sentence.
130	130	b. The person individual has been pardoned.
131	131	c. The person individual has successfully completed
132	132	probation or parole and has been released from compliance by
133	133	the ordering entity.
134	134	(b) The Certificate of Eligibility to Register to Vote
135	135	shall be granted board shall restore an individual's right to
136	136	vote upon a determination that all of the individual has met
137	137	the requirements criteria set forth in subsection (a) are
138	138	fulfilled.
139	139	(c)(1)Upon receipt of an application under this
140	140	section, investigation of the request shall be assigned
141	141	forthwith to an officer of the state Board of Pardons and
142	142	Paroles. The When an individual who has lost his or her right
143	143	to vote by reason of conviction in a state, federal, or
144	144	foreign court in any case except those listed in subsection
145	145	(e) has met one of the criteria set forth in subdivision
146	146	(a)(4), the Board of Pardons and Paroles shall conduct a
147	147	review to determine if the individual has complied with the
148	148	criteria set forth in subsection (a).
149	149	(2) An assigned officer of the board shall verify,
150	150	through court records, records of the board, and records of
151	151	the Department of Corrections, that the applicant individual
152	152	has met the qualifications criteria set out in subsection (a).
153	153	If the officer cannot obtain records to verify any criterion
154	154	under subsection (a), the individual is deemed to have met the
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184	184	under subsection (a), the individual is deemed to have met the
185	185	criterion.
186	186	(3) Within 30 days of the initial application for a
187	187	Certificate of Eligibility to Register to Vote review, the
188	188	officer shall draft a report of his or her findings including
189	189	a statement as to whether the applicant individual has
190	190	successfully completed his or her sentence and has complied
191	191	with all the eligibility requirements criteria provided in
192	192	subsection (a).
193	193	(d)(4) After completing the investigation review set
194	194	out in subsection (c)subdivision (1), the officer shall submit
195	195	his or her report of investigation to the Executive Director
196	196	of the Board of Pardons and Paroles.
197	197	(e)(5) If the report created pursuant to subsection (c)
198	198	states that the applicant individual has met all of the
199	199	eligibility criteria set forth in subsection (a), and the
200	200	executive director or his or her designee attests that the
201	201	report has been submitted properly and accurately, the Board
202	202	of Pardons and Paroles shall issue a Certificate of
203	203	Eligibility to Register to Vote to restore the individual's
204	204	right to vote and shall notify the applicant individual that
205	205	his or her right to vote has been restored within 14 calendar
206	206	days of receipt of the report by the executive director.
207	207	(f)(6) If the report created pursuant to this
208	208	subsection (c) states that the applicant individual has not
209	209	met all of the eligibility criteria set forth in subsection
210	210	(a), and the executive director or his or her designee attests
211	211	that the report has been submitted properly and accurately,
212	212	the Board of Pardons and Paroles shall not issue a Certificate
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242	242	the Board of Pardons and Paroles shall not issue a Certificate
243	243	of Eligibility to Register to Vote and shall not restore the
244	244	individual's right to vote and shall notify the applicant
245	245	individual of the decision not to restore his or her right to
246	246	vote and provide the reason or reasons for the decision within
247	247	14 calendar days of receipt of the report by the executive
248	248	director. The notice shall state what measures the individual
249	249	must undertake in order to have his or her right to vote
250	250	restored. The applicant, upon completion of the eligibility
251	251	requirement in subsection (a) for restoration of his or her
252	252	rights, individual may submit a new application a written
253	253	request for a new review at any time if he or she has met the
254	254	certification criteria . Upon receipt of a new request, the
255	255	board shall conduct a review pursuant to the requirements set
256	256	forth in this subsection .
257	257	(g) A person(d) An individual who has lost his or her
258	258	right to vote by reason of conviction in a state , or federal,
259	259	or foreign court for any of the following will not be eligible
260	260	to apply for a Certificate of Eligibility to Register to Vote
261	261	under this section have his or her right to vote restored :
262	262	Impeachment, murder, rape in any degree, sodomy in any degree,
263	263	sexual abuse in any degree, incest, sexual torture, enticing a
264	264	child to enter a vehicle for immoral purposes, soliciting a
265	265	child by computer, production of obscene matter involving a
266	266	minor, production of obscene matter, parents or guardians
267	267	permitting children to engage in obscene matter, possession of
268	268	obscene matter, possession with intent to distribute child
269	269	pornography, or treason.
270	270	(h)(e) This section shall not affect the right of any
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300	300	(h)(e) This section shall not affect the right of any
301	301	person individual to apply to the board for a pardon with
302	302	restoration of voting rights pursuant to Section 15-22-36.
303	303	(i)(f) Each state or county correctional facility,
304	304	prison, or jail shall post materials to be prepared by the
305	305	Secretary of State and the Board of Pardons and Paroles
306	306	notifying incarcerated individuals of the requirements
307	307	criteria and procedures for having one's voting rights
308	308	restored.
309	309	(g) No later than September 1, 2025, the Board of
310	310	Pardons and Paroles and the Secretary of State shall jointly
311	311	develop and make available on each agency's website a form
312	312	with instructions for any individual who met one of the
313	313	criteria set forth in subdivision (a)(4) prior to October 1,
314	314	2024, to submit to the Board of Pardons and Paroles for review
315	315	pursuant to the requirements set forth in subsection (c). "
316	316	"§17-3-31
317	317	(a) Any person individual who is disqualified by reason
318	318	of conviction of any of the offenses mentioned in Section
319	319	17-3-30.1 as a felony involving moral turpitude for the
320	320	purposes of Article VIII Section 177 of the Constitution of
321	321	Alabama of 1901 2022, except treason and impeachment , whether
322	322	the conviction was had in a state ,or federal, or foreign
323	323	court, and who has been pardoned, may be restored to
324	324	citizenship with the right to vote by the State Board of
325	325	Pardons and Paroles when specifically expressed in the pardon.
326	326	If otherwise qualified, such person the individual shall be
327	327	permitted to register or reregister as an elector upon
328	328	submission of a copy of the pardon document to the board of
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358	358	submission of a copy of the pardon document to the board of
359	359	registrars of the county of his or her residence. In addition,
360	360	any person
361	361	(b) Any individual who has been granted a Certificate
362	362	of Eligibility to Register to Vote by the Board of Pardons and
363	363	Paroles pursuant to Section 15-22-36.1 was registered to vote
364	364	at any time prior to losing his or her right to vote by reason
365	365	of conviction in a state, federal, or foreign court and has
366	366	met the eligibility criteria set forth in Section
367	367	15-22-36.1(a), as determined by the Board of Pardons and
368	368	Paroles, shall be eligible to vote.
369	369	(c) Any individual who was not registered to vote prior
370	370	to losing his or her right to vote by reason of conviction in
371	371	a state, federal, or foreign court and has met the eligibility
372	372	criteria set forth in Section 15-22-36.1(a) as determined by
373	373	the Board of Pardons and Paroles, shall be permitted to
374	374	register or reregister as an elector upon submission of a copy
375	375	of the certificate to the board of registrars of the county of
376	376	his or her residence ."
377	377	"§17-4-3
378	378	(a) Each county board of registrars shall purge the
379	379	computerized statewide voter registration list on a continuous
380	380	basis, whenever it receives and confirms information that a
381	381	person registered to vote in that county has died, become a
382	382	nonresident of the state or county, been declared mentally
383	383	incompetent, been convicted of any offense designated pursuant
384	384	to Section 17-3-30.1 as a felony involving moral turpitude for
385	385	the purposes of Article VIII Section 177 of the Constitution
386	386	of Alabama of 1901 2022, since being registered, or otherwise
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416	416	of Alabama of 1901 2022, since being registered, or otherwise
417	417	become disqualified as an elector. Except as provided below, a
418	418	person convicted of a disqualifying criminal offense shall be
419	419	notified by certified mail sent to the voter's last known
420	420	address of the board's intention to strike his or her name
421	421	from the list. No person convicted of a disqualifying crime
422	422	may be stricken from the poll list while an appeal from the
423	423	conviction is pending.
424	424	(b) On the date set in the notice, or at a later date
425	425	to which the case may have been continued by the board, the
426	426	board shall proceed to consider the case of the elector whose
427	427	name it proposes to strike from the registration list and make
428	428	its determination. Any person whose name is stricken from the
429	429	list may appeal from the decision of the board without giving
430	430	security for costs, and the board shall forthwith certify the
431	431	proceedings to the judge of probate who shall docket the case
432	432	in the probate court.
433	433	(c) Section 17-3-55 shall apply to any An appeal from
434	434	the judge of probate shall be as appeals set forth in Section
435	435	17-3-55.
436	436	(d) In the event the Board of Pardons and Paroles is
437	437	supervising a person an individual convicted of a
438	438	disqualifying criminal offense on probation or parole, and the
439	439	person individual has received face-to-face counseling from
440	440	the supervising officer regarding voter disqualification and
441	441	executed documentation explaining the loss and restoration of
442	442	civil and political rights, upon receipt of the documentation,
443	443	signed by the disqualified elector, the county board of
444	444	registrars shall be exempt from providing notice as otherwise
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474	474	registrars shall be exempt from providing notice as otherwise
475	475	required by this section. The document administered by the
476	476	Board of Pardons and Paroles and to be signed by the
477	477	disqualified elector shall contain the following statement:
478	478	"Any person convicted of a disqualifying felony loses his or
479	479	her civil and political rights, which includes the right to
480	480	vote. Restoration of these rights may be applied for These
481	481	rights may be restored through the Central Montgomery Office
482	482	of the Board of Pardons and Paroles , but only upon completion
483	483	of the requirements of Section 15-22-36.1 (a)."
484	484	(e) The Board of Pardons and Paroles shall provide
485	485	signed documentation to county boards of registrars to
486	486	indicate those persons individuals under probation or parole
487	487	supervision with the board who have been convicted of a
488	488	disqualifying criminal offense and been counseled regarding
489	489	voter disqualification and the restoration of civil and
490	490	political rights, and may otherwise share privileged records
491	491	and files with county boards of registrars for the limited
492	492	purpose of implementing the requirements of this section.
493	493	(f) When the board has sufficient evidence furnished to
494	494	it that any elector has permanently moved from one precinct to
495	495	another within the county, it the board shall change the
496	496	elector's precinct designation in the voter registration list ,
497	497	and shall give notice by mail to the elector of the precinct
498	498	in which the elector is registered to vote.
499	499	(g) The Secretary of State and the Board of Pardons and
500	500	Paroles may promulgate adopt rules in accordance with the
501	501	Alabama Administrative Procedure Act as necessary to implement
502	502	this section."
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532	532	this section."
533	533	Section 2. This act shall become effective on October
534	534	1, 2024.
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