HB31INTRODUCED
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HB31
XAC9E7E-1
By Representative Clarke
RFD: Constitution, Campaigns and Elections
First Read: 04-Feb-25
PFD: 29-Aug-24
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6 XAC9E7E-1 07/31/2024 ANS (L)lg 2024-2233
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PFD: 29-Aug-24
SYNOPSIS:
Under existing law, an application for an
absentee ballot may only be delivered to the absentee
election manager by the applicant. Also under existing
law, an absentee ballot may only be delivered to the
absentee election manager by the voter of the absentee
ballot.
This bill would allow a voter who is disabled,
blind, or unable to read or write to designate an
individual to deliver the voter's application for an
absentee ballot to the absentee election manager.
This bill would allow a voter who is disabled,
blind, or unable to read or write to designate an
individual to deliver the voter's absentee ballot to
the absentee election manager.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to absentee voting; to amend Sections 17-11-4,
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Relating to absentee voting; to amend Sections 17-11-4,
as last amended by Act Number 2024-33 of the 2024 Regular
Session, and 17-11-9, Code of Alabama 1975, to allow a voter
who is disabled, blind, or unable to read or write to
designate an individual to deliver the voter's application for
an absentee ballot to the absentee election manager; to allow
a disabled voter to designate an individual to deliver the
voter's absentee ballot to the absentee election manager; and
to make nonsubstantive, technical revisions to update the
existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 17-11-4, as last amended by Act
Number 2024-33 of the 2024 Regular Session, and 17-11-9, Code
of Alabama 1975, are amended to read as follows:
"§17-11-4
(a) The application required in Section 17-11-3 shall
be in a form prescribed and designed by the Secretary of State
and shall be used throughout the state. The application form
shall contain and require all of the following:
(1) That the applicant submit sufficient information to
identify the applicant.
(2) The applicant's name, residence address, and such
other information as necessary to verify that the applicant is
a registered voter.
(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
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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 and the witness's
signature.
(2) It shall be unlawful for any person to knowingly
distribute an absentee ballot application to a voter which is
prefilled with the voter's name or any other information
required on the application form.
(c)(1) Completed applications may be submitted to the
absentee election manager 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.
c. The applicant sending the application by commercial
carrier.
d. The applicant's designee delivering the application
in person for any applicant who is disabled, blind, or unable
to read, or who requires emergency treatment by a licensed
physician within five days before an election pursuant to
Section 17-11-3. For purposes of this paragraph, a "disabled
voter" means an individual who is temporarily or permanently
physically incapacitated and unable to apply for an absentee
ballot application without assistance.
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ballot application without assistance.
(2) Except in situations governed by paragraph (1)d. or
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 submitted to the
absentee election manager by 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.
(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, prefill, 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
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(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."
"§17-11-9
(a)(1) Each prospective absentee voter who meets the
requirements of this article shall be furnished with the
absentee ballot herein provided for , together with twothree
envelopes for returning his or her marked ballot and
instructions for completing and returning the absentee ballot
as well as instructions for correcting mistakes in completing
ballots or obtaining a replacement ballot.
One (2) The first envelope shall be a plain secrecy
envelope in which the ballot shall be sealed by the voter
after he or she has marked it.
(3) The second envelope shall be an affidavit envelope.
The affidavit envelope shall have the voter's affidavit
printed on the back and shall be large enough to seal the
plain ballot envelope inside .
(4) The second third envelope shall also be a return
mail envelope. The return mail envelope shall be addressed on
the front to the absentee election manager and shall be
endorsed on the left-hand upper corner thereof as follows:
"Absent Voter's Ballot. State, County, Municipal,
General, Primary, or Special Election (as the case may be) to
be held on the ___ day of ____, 2__ From ______ (name of
voter), precinct or districts _________, County of _______,
Alabama."
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Alabama."
(b)(1) After marking the ballot and subscribing the
oath herein required, the voter shall :(i) seal his or her
ballot in the plain secrecy envelope,;(ii) place that
plainthe secrecy envelope inside the affidavit envelope ,;
(iii) complete the affidavit ,and have a notary public (or
other officer authorized to acknowledge oaths) or two
witnesses individuals witness his or her signature to the
affidavit, and forward it ;(iv) place the affidavit envelope
inside the return mail envelope; and (v) hand deliver the
return mail envelope to the absentee election manager or send
the return mail envelope by United States mail or by
commercial carrier to the absentee election manager or hand it
to him or her in person .
(2) Notwithstanding subdivision (1), a voter who is
disabled, blind, or unable to read or write, may have his or
her designee, hand deliver the return mail envelope to the
absentee election manager or send the return mail envelope by
United States mail or by commercial carrier. For purposes of
this subdivision, a "disabled voter" means an individual who
is temporarily or permanently physically incapacitated and
unable to vote by absentee ballot without assistance.
(c)(1) Notwithstanding the other provisions of this
section, the absentee election manager shall determine whether
an applicant for an absentee ballot is obligated to produce
identification in accordance with Sections 17-9-30 and 17-10-1
or reidentify in accordance with Chapter 4. For absentee
applicants required to produce identification, a thirdan
additional envelope of different color and sufficient size to
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additional envelope of different color and sufficient size to
enclose the first and second secrecy and affidavit envelopes
shall be provided to the applicant along with instructions for
including a proper form of identification in accordance with
Sections 17-9-30 and 17-10-1.
(2) For absentee applicants required to reidentify
because they do not appear in the voting place for which they
seek to vote but do appear in another voting place within the
state voter registration list, the absentee election manager
shall provide to the voter a third an additional envelope of
different color and sufficient size to enclose the first and
second secrecy and affidavit envelopes along with a voter
reidentification form, a provisional voter affirmation, and
instructions in accordance with Section 17-10-2. Such The
ballot shall be treated as a provisional ballot and the term
"Provisional" shall be marked on the second or affidavit
envelope prior to transmitting the ballot to the voter.
(3) Applicants for an absentee ballot who do not appear
on the state voter registration list shall not be entitled to
an absentee ballot."
Section 2. This act shall become effective on October
1, 2025.
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