HB77INTRODUCED
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HB77
LJBLAYW-1
By Representative Clarke
RFD: Constitution, Campaigns and Elections
First Read: 04-Feb-25
PFD: 06-Jan-25
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6 LJBLAYW-1 11/22/2024 PMG (L)PMG 2024-3058
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PFD: 06-Jan-25
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 disabled voter to
designate an individual to deliver the voter's
application for an absentee ballot to the absentee
election manager.
This bill would allow a disabled voter to
designate an individual to deliver the voter's absentee
ballot to the absentee election manager.
This bill would define "disability."
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
disabled voter 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 has a disability 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, "disability" means a physical or
mental impairment that substantially limits one or more major
life activities of the applicant.
(2) Except in situations governed by paragraph (1)d. or
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(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, 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
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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 two three
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 plainsecrecy
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 secondthird envelope shall also be a return
mail envelope. SuchThe 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."
(b)(1) After marking the ballot and subscribing the
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(b)(1) After marking the ballot and subscribing the
oath herein required, the voter shall : (i) seal his or her
ballot in the plainsecrecy 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
witnessesindividuals witness his or her signature to the
affidavit, and forward it by United States ; (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 U.S. 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 has a
disability may have his or her designee, hand deliver the
return mail envelope to the absentee election manager or send
the return mail envelope by U.S. mail or by commercial
carrier. For purposes of this subdivision, "disability" means
a physical or mental impairment that substantially limits one
or more major life activities of the voter.
(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
enclose the first and second secrecy and affidavit envelopes
shall be provided to the applicant along with instructions for
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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 thirdan additional envelope of
different color and sufficient size to enclose the first and
secondsecrecy and affidavit envelopes along with a voter
reidentification form, a provisional voter affirmation, and
instructions in accordance with Section 17-10-2. SuchThe
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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