AL
Alabama House Bill HB77

Alabama 2025 Regular Session

Alabama House Bill HB77 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 HB77INTRODUCED
22 Page 0
33 HB77
44 LJBLAYW-1
55 By Representative Clarke
66 RFD: Constitution, Campaigns and Elections
77 First Read: 04-Feb-25
88 PFD: 06-Jan-25
99 1
1010 2
1111 3
1212 4
1313 5
1414 6 LJBLAYW-1 11/22/2024 PMG (L)PMG 2024-3058
1515 Page 1
1616 PFD: 06-Jan-25
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 disabled voter to
2525 designate an individual to deliver the voter's
2626 application for an absentee ballot to the absentee
2727 election manager.
2828 This bill would allow a disabled voter to
2929 designate an individual to deliver the voter's absentee
3030 ballot to the absentee election manager.
3131 This bill would define "disability."
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,
3939 1
4040 2
4141 3
4242 4
4343 5
4444 6
4545 7
4646 8
4747 9
4848 10
4949 11
5050 12
5151 13
5252 14
5353 15
5454 16
5555 17
5656 18
5757 19
5858 20
5959 21
6060 22
6161 23
6262 24
6363 25
6464 26
6565 27
6666 28 HB77 INTRODUCED
6767 Page 2
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
7171 disabled voter to designate an individual to deliver the
7272 voter's application for an absentee ballot to the absentee
7373 election manager; to allow a disabled voter to designate an
7474 individual to deliver the voter's absentee ballot to the
7575 absentee election manager; and to make nonsubstantive,
7676 technical revisions to update the existing code language to
7777 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
9797 29
9898 30
9999 31
100100 32
101101 33
102102 34
103103 35
104104 36
105105 37
106106 38
107107 39
108108 40
109109 41
110110 42
111111 43
112112 44
113113 45
114114 46
115115 47
116116 48
117117 49
118118 50
119119 51
120120 52
121121 53
122122 54
123123 55
124124 56 HB77 INTRODUCED
125125 Page 3
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 has a disability or who
149149 requires emergency treatment by a licensed physician within
150150 five days before an election pursuant to Section 17-11-3. For
151151 purposes of this paragraph, "disability" means a physical or
152152 mental impairment that substantially limits one or more major
153153 life activities of the applicant.
154154 (2) Except in situations governed by paragraph (1)d. or
155155 57
156156 58
157157 59
158158 60
159159 61
160160 62
161161 63
162162 64
163163 65
164164 66
165165 67
166166 68
167167 69
168168 70
169169 71
170170 72
171171 73
172172 74
173173 75
174174 76
175175 77
176176 78
177177 79
178178 80
179179 81
180180 82
181181 83
182182 84 HB77 INTRODUCED
183183 Page 4
184184 (2) Except in situations governed by paragraph (1)d. or
185185 Section 17-11-3(f), it shall be unlawful for an individual to
186186 submit a completed absentee ballot application to the absentee
187187 election manager other than his or her own application , except
188188 that an application for a voter who requires emergency
189189 treatment by a licensed physician within five days before an
190190 election pursuant to Section 17-11-3 may be submitted to the
191191 absentee election manager by an individual designated by the
192192 applicant.
193193 (d)(1) Except in situations governed by Section
194194 17-11-3(f), it shall be unlawful for a third party to
195195 knowingly receive a payment or gift for distributing,
196196 ordering, requesting, collecting, completing, prefilling,
197197 obtaining, or delivering a voter's absentee ballot
198198 application. Any person who violates this subdivision shall be
199199 guilty of a Class C felony.
200200 (2) Except in situations governed by Section
201201 17-11-3(f), it shall be unlawful for a person to knowingly pay
202202 or provide a gift to a third party to distribute, order,
203203 request, collect, prefill, complete, obtain, or deliver a
204204 voter's absentee ballot application. Any person who violates
205205 this subdivision shall be guilty of a Class B felony.
206206 (e) Any voter who requires assistance to vote by reason
207207 of blindness, disability, or inability to read or write may be
208208 given assistance by an individual of the voter's choice, other
209209 than the voter's employer or agent of that employer or officer
210210 or agent of the voter's union.
211211 (f) Voters voting by absentee ballot through the
212212 Uniformed and Overseas Citizens Absentee Voting Act are not
213213 85
214214 86
215215 87
216216 88
217217 89
218218 90
219219 91
220220 92
221221 93
222222 94
223223 95
224224 96
225225 97
226226 98
227227 99
228228 100
229229 101
230230 102
231231 103
232232 104
233233 105
234234 106
235235 107
236236 108
237237 109
238238 110
239239 111
240240 112 HB77 INTRODUCED
241241 Page 5
242242 Uniformed and Overseas Citizens Absentee Voting Act are not
243243 subject to this section. The Secretary of State shall provide
244244 applications for absentee voting to military and overseas
245245 voters in accordance with Section 17-4-35."
246246 "§17-11-9
247247 (a)(1) Each prospective absentee voter who meets the
248248 requirements of this article shall be furnished with the
249249 absentee ballot herein provided for , together with two three
250250 envelopes for returning his or her marked ballot and
251251 instructions for completing and returning the absentee ballot
252252 as well as instructions for correcting mistakes in completing
253253 ballots or obtaining a replacement ballot.
254254 One(2) The first envelope shall be a plainsecrecy
255255 envelope in which the ballot shall be sealed by the voter
256256 after he or she has marked it.
257257 (3) The second envelope shall be an affidavit envelope.
258258 The affidavit envelope shall have the voter's affidavit
259259 printed on the back and shall be large enough to seal the
260260 plain ballot envelope inside .
261261 (4) The secondthird envelope shall also be a return
262262 mail envelope. SuchThe return mail envelope shall be addressed
263263 on the front to the absentee election manager and shall be
264264 endorsed on the left-hand upper corner thereof as follows:
265265 "Absent Voter's Ballot. State, County, Municipal,
266266 General, Primary, or Special Election (as the case may be) to
267267 be held on the ___ day of ____, 2__ From ______ (name of
268268 voter), precinct or districts _________, County of _______,
269269 Alabama."
270270 (b)(1) After marking the ballot and subscribing the
271271 113
272272 114
273273 115
274274 116
275275 117
276276 118
277277 119
278278 120
279279 121
280280 122
281281 123
282282 124
283283 125
284284 126
285285 127
286286 128
287287 129
288288 130
289289 131
290290 132
291291 133
292292 134
293293 135
294294 136
295295 137
296296 138
297297 139
298298 140 HB77 INTRODUCED
299299 Page 6
300300 (b)(1) After marking the ballot and subscribing the
301301 oath herein required, the voter shall : (i) seal his or her
302302 ballot in the plainsecrecy envelope,; (ii) place that plainthe
303303 secrecy envelope inside the affidavit envelope ,; (iii)
304304 complete the affidavit , and have a notary public (or other
305305 officer authorized to acknowledge oaths) or two
306306 witnessesindividuals witness his or her signature to the
307307 affidavit, and forward it by United States ; (iv) place the
308308 affidavit envelope inside the return mail envelope; and (v)
309309 hand deliver the return mail envelope to the absentee election
310310 manager or send the return mail envelope by U.S. mail or by
311311 commercial carrier to the absentee election manager or hand it
312312 to him or her in person .
313313 (2) Notwithstanding subdivision (1), a voter who has a
314314 disability may have his or her designee, hand deliver the
315315 return mail envelope to the absentee election manager or send
316316 the return mail envelope by U.S. mail or by commercial
317317 carrier. For purposes of this subdivision, "disability" means
318318 a physical or mental impairment that substantially limits one
319319 or more major life activities of the voter.
320320 (c)(1) Notwithstanding the other provisions of this
321321 section, the absentee election manager shall determine whether
322322 an applicant for an absentee ballot is obligated to produce
323323 identification in accordance with Sections 17-9-30 and 17-10-1
324324 or reidentify in accordance with Chapter 4. For absentee
325325 applicants required to produce identification, a thirdan
326326 additional envelope of different color and sufficient size to
327327 enclose the first and second secrecy and affidavit envelopes
328328 shall be provided to the applicant along with instructions for
329329 141
330330 142
331331 143
332332 144
333333 145
334334 146
335335 147
336336 148
337337 149
338338 150
339339 151
340340 152
341341 153
342342 154
343343 155
344344 156
345345 157
346346 158
347347 159
348348 160
349349 161
350350 162
351351 163
352352 164
353353 165
354354 166
355355 167
356356 168 HB77 INTRODUCED
357357 Page 7
358358 shall be provided to the applicant along with instructions for
359359 including a proper form of identification in accordance with
360360 Sections 17-9-30 and 17-10-1.
361361 (2) For absentee applicants required to reidentify
362362 because they do not appear in the voting place for which they
363363 seek to vote but do appear in another voting place within the
364364 state voter registration list, the absentee election manager
365365 shall provide to the voter a thirdan additional envelope of
366366 different color and sufficient size to enclose the first and
367367 secondsecrecy and affidavit envelopes along with a voter
368368 reidentification form, a provisional voter affirmation, and
369369 instructions in accordance with Section 17-10-2. SuchThe
370370 ballot shall be treated as a provisional ballot and the term
371371 "Provisional" shall be marked on the second or affidavit
372372 envelope prior to transmitting the ballot to the voter.
373373 (3) Applicants for an absentee ballot who do not appear
374374 on the state voter registration list shall not be entitled to
375375 an absentee ballot."
376376 Section 2. This act shall become effective on October
377377 1, 2025.
378378 169
379379 170
380380 171
381381 172
382382 173
383383 174
384384 175
385385 176
386386 177
387387 178
388388 179
389389 180
390390 181
391391 182
392392 183
393393 184
394394 185
395395 186
396396 187