AL
Alabama House Bill HB31

Alabama 2025 Regular Session

Alabama House Bill HB31 Compare Versions

Only one version of the bill is available at this time.
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11 HB31INTRODUCED
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33 HB31
44 XAC9E7E-1
55 By Representative Clarke
66 RFD: Constitution, Campaigns and Elections
77 First Read: 04-Feb-25
88 PFD: 29-Aug-24
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1414 6 XAC9E7E-1 07/31/2024 ANS (L)lg 2024-2233
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1616 PFD: 29-Aug-24
1717 SYNOPSIS:
1818 Under existing law, an application for an
1919 absentee ballot may only be delivered to the absentee
2020 election manager by the applicant. Also under existing
2121 law, an absentee ballot may only be delivered to the
2222 absentee election manager by the voter of the absentee
2323 ballot.
2424 This bill would allow a voter who is disabled,
2525 blind, or unable to read or write to designate an
2626 individual to deliver the voter's application for an
2727 absentee ballot to the absentee election manager.
2828 This bill would allow a voter who is disabled,
2929 blind, or unable to read or write to designate an
3030 individual to deliver the voter's absentee ballot to
3131 the absentee election manager.
3232 This bill would also make nonsubstantive,
3333 technical revisions to update the existing code
3434 language to current style.
3535 A BILL
3636 TO BE ENTITLED
3737 AN ACT
3838 Relating to absentee voting; to amend Sections 17-11-4,
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6868 Relating to absentee voting; to amend Sections 17-11-4,
6969 as last amended by Act Number 2024-33 of the 2024 Regular
7070 Session, and 17-11-9, Code of Alabama 1975, to allow a voter
7171 who is disabled, blind, or unable to read or write to
7272 designate an individual to deliver the voter's application for
7373 an absentee ballot to the absentee election manager; to allow
7474 a disabled voter to designate an individual to deliver the
7575 voter's absentee ballot to the absentee election manager; and
7676 to make nonsubstantive, technical revisions to update the
7777 existing code language to current style.
7878 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7979 Section 1. Sections 17-11-4, as last amended by Act
8080 Number 2024-33 of the 2024 Regular Session, and 17-11-9, Code
8181 of Alabama 1975, are amended to read as follows:
8282 "§17-11-4
8383 (a) The application required in Section 17-11-3 shall
8484 be in a form prescribed and designed by the Secretary of State
8585 and shall be used throughout the state. The application form
8686 shall contain and require all of the following:
8787 (1) That the applicant submit sufficient information to
8888 identify the applicant.
8989 (2) The applicant's name, residence address, and such
9090 other information as necessary to verify that the applicant is
9191 a registered voter.
9292 (3) A list of all felonies of moral turpitude, as
9393 provided in Section 17-3-30.1, and a requirement that the
9494 applicant declare that he or she is not barred from voting
9595 because of a disqualifying felony conviction or, if the
9696 applicant was convicted of a disqualifying felony, that the
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126126 applicant was convicted of a disqualifying felony, that the
127127 applicant's right to vote has been restored.
128128 (4) An explanation of penalties for violations of this
129129 section.
130130 (b)(1) Any applicant may receive assistance in filling
131131 out the application as he or she desires, but each application
132132 shall be manually signed by the applicant, under penalty of
133133 perjury, and if he or she signs by mark, the application shall
134134 also include the name of the witness and the witness's
135135 signature.
136136 (2) It shall be unlawful for any person to knowingly
137137 distribute an absentee ballot application to a voter which is
138138 prefilled with the voter's name or any other information
139139 required on the application form.
140140 (c)(1) Completed applications may be submitted to the
141141 absentee election manager in any of the following ways, as
142142 further provided by rule of the Secretary of State:
143143 a. The applicant delivering the application in person.
144144 b. The applicant mailing the application by U.S. mail.
145145 c. The applicant sending the application by commercial
146146 carrier.
147147 d. The applicant's designee delivering the application
148148 in person for any applicant who is disabled, blind, or unable
149149 to read, or who requires emergency treatment by a licensed
150150 physician within five days before an election pursuant to
151151 Section 17-11-3. For purposes of this paragraph, a "disabled
152152 voter" means an individual who is temporarily or permanently
153153 physically incapacitated and unable to apply for an absentee
154154 ballot application without assistance.
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184184 ballot application without assistance.
185185 (2) Except in situations governed by paragraph (1)d. or
186186 Section 17-11-3(f), it shall be unlawful for an individual to
187187 submit a completed absentee ballot application to the absentee
188188 election manager other than his or her own application , except
189189 that an application for a voter who requires emergency
190190 treatment by a licensed physician within five days before an
191191 election pursuant to Section 17-11-3 may be submitted to the
192192 absentee election manager by an individual designated by the
193193 applicant.
194194 (d)(1) Except in situations governed by Section
195195 17-11-3(f), it shall be unlawful for a third party to
196196 knowingly receive a payment or gift for distributing,
197197 ordering, requesting, collecting, completing, prefilling,
198198 obtaining, or delivering a voter's absentee ballot
199199 application. Any person who violates this subdivision shall be
200200 guilty of a Class C felony.
201201 (2) Except in situations governed by Section
202202 17-11-3(f), it shall be unlawful for a person to knowingly pay
203203 or provide a gift to a third party to distribute, order,
204204 request, collect, prefill, complete, prefill, obtain, or
205205 deliver a voter's absentee ballot application. Any person who
206206 violates this subdivision shall be guilty of a Class B felony.
207207 (e) Any voter who requires assistance to vote by reason
208208 of blindness, disability, or inability to read or write may be
209209 given assistance by an individual of the voter's choice, other
210210 than the voter's employer or agent of that employer or officer
211211 or agent of the voter's union.
212212 (f) Voters voting by absentee ballot through the
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242242 (f) Voters voting by absentee ballot through the
243243 Uniformed and Overseas Citizens Absentee Voting Act are not
244244 subject to this section. The Secretary of State shall provide
245245 applications for absentee voting to military and overseas
246246 voters in accordance with Section 17-4-35."
247247 "§17-11-9
248248 (a)(1) Each prospective absentee voter who meets the
249249 requirements of this article shall be furnished with the
250250 absentee ballot herein provided for , together with twothree
251251 envelopes for returning his or her marked ballot and
252252 instructions for completing and returning the absentee ballot
253253 as well as instructions for correcting mistakes in completing
254254 ballots or obtaining a replacement ballot.
255255 One (2) The first envelope shall be a plain secrecy
256256 envelope in which the ballot shall be sealed by the voter
257257 after he or she has marked it.
258258 (3) The second envelope shall be an affidavit envelope.
259259 The affidavit envelope shall have the voter's affidavit
260260 printed on the back and shall be large enough to seal the
261261 plain ballot envelope inside .
262262 (4) The second third envelope shall also be a return
263263 mail envelope. The return mail envelope shall be addressed on
264264 the front to the absentee election manager and shall be
265265 endorsed on the left-hand upper corner thereof as follows:
266266 "Absent Voter's Ballot. State, County, Municipal,
267267 General, Primary, or Special Election (as the case may be) to
268268 be held on the ___ day of ____, 2__ From ______ (name of
269269 voter), precinct or districts _________, County of _______,
270270 Alabama."
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300300 Alabama."
301301 (b)(1) After marking the ballot and subscribing the
302302 oath herein required, the voter shall :(i) seal his or her
303303 ballot in the plain secrecy envelope,;(ii) place that
304304 plainthe secrecy envelope inside the affidavit envelope ,;
305305 (iii) complete the affidavit ,and have a notary public (or
306306 other officer authorized to acknowledge oaths) or two
307307 witnesses individuals witness his or her signature to the
308308 affidavit, and forward it ;(iv) place the affidavit envelope
309309 inside the return mail envelope; and (v) hand deliver the
310310 return mail envelope to the absentee election manager or send
311311 the return mail envelope by United States mail or by
312312 commercial carrier to the absentee election manager or hand it
313313 to him or her in person .
314314 (2) Notwithstanding subdivision (1), a voter who is
315315 disabled, blind, or unable to read or write, may have his or
316316 her designee, hand deliver the return mail envelope to the
317317 absentee election manager or send the return mail envelope by
318318 United States mail or by commercial carrier. For purposes of
319319 this subdivision, a "disabled voter" means an individual who
320320 is temporarily or permanently physically incapacitated and
321321 unable to vote by absentee ballot without assistance.
322322 (c)(1) Notwithstanding the other provisions of this
323323 section, the absentee election manager shall determine whether
324324 an applicant for an absentee ballot is obligated to produce
325325 identification in accordance with Sections 17-9-30 and 17-10-1
326326 or reidentify in accordance with Chapter 4. For absentee
327327 applicants required to produce identification, a thirdan
328328 additional envelope of different color and sufficient size to
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358358 additional envelope of different color and sufficient size to
359359 enclose the first and second secrecy and affidavit envelopes
360360 shall be provided to the applicant along with instructions for
361361 including a proper form of identification in accordance with
362362 Sections 17-9-30 and 17-10-1.
363363 (2) For absentee applicants required to reidentify
364364 because they do not appear in the voting place for which they
365365 seek to vote but do appear in another voting place within the
366366 state voter registration list, the absentee election manager
367367 shall provide to the voter a third an additional envelope of
368368 different color and sufficient size to enclose the first and
369369 second secrecy and affidavit envelopes along with a voter
370370 reidentification form, a provisional voter affirmation, and
371371 instructions in accordance with Section 17-10-2. Such The
372372 ballot shall be treated as a provisional ballot and the term
373373 "Provisional" shall be marked on the second or affidavit
374374 envelope prior to transmitting the ballot to the voter.
375375 (3) Applicants for an absentee ballot who do not appear
376376 on the state voter registration list shall not be entitled to
377377 an absentee ballot."
378378 Section 2. This act shall become effective on October
379379 1, 2025.
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