Alabama 2025 Regular Session

Alabama House Bill HB97 Compare Versions

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

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1	1	HB97INTRODUCED
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3	3	HB97
4	4	4TJSI3R-1
5	5	By Representative Hassell
6	6	RFD: Constitution, Campaigns and Elections
7	7	First Read: 04-Feb-25
8	8	PFD: 29-Jan-25
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14	14	6 4TJSI3R-1 01/15/2025 PMG (L)cr 2025-173
15	15	Page 1
16	16	PFD: 29-Jan-25
17	17	SYNOPSIS:
18	18	Under existing law, an absentee ballot may not
19	19	be removed from the affidavit envelope if the affidavit
20	20	envelope is defective.
21	21	This bill would require an absentee election
22	22	manager to allow an elector who has submitted a
23	23	defective absentee ballot affidavit within a certain
24	24	time period before the election an opportunity to cure
25	25	the defect.
26	26	A BILL
27	27	TO BE ENTITLED
28	28	AN ACT
29	29	Relating to voting; to amend Section 17-11-10, Code of
30	30	Alabama 1975, to require an absentee election manager to allow
31	31	an elector who has submitted a defective absentee ballot
32	32	affidavit within a certain time period before the election an
33	33	opportunity to cure the defect.
34	34	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35	35	Section 1. Section 17-11-10, Code of Alabama 1975, is
36	36	amended to read as follows:
37	37	"§17-11-10
38	38	(a)(1) Upon receipt of the absentee ballot, the
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68	68	(a)(1) Upon receipt of the absentee ballot, the
69	69	absentee election manager shall record itsthe receipt on the
70	70	absentee list as provided in Section 17-11- 5, shall examine
71	71	the affidavit envelope and determine if it contains a defect
72	72	that would prohibit a poll worker or other election official
73	73	from removing or counting the ballot under subdivision (b)(2),
74	74	and shall safely keep the ballot without breaking the seal of
75	75	the affidavit envelope.
76	76	(2) For any absentee ballot received three or more
77	77	business days preceding an election, the absentee election
78	78	manager, within two business days of receipt of the absentee
79	79	ballot, shall notify the elector of each defect with his or
80	80	her absentee ballot, provide instructions on how to cure the
81	81	defect, and notify the elector that he or she has until the
82	82	last business day before the election to cure the defect.
83	83	(3) The absentee election manager shall allow an
84	84	elector to cure any of the following defects:
85	85	a. The elector did not sign the affidavit.
86	86	b. The address provided on the affidavit does not match
87	87	the address on the absentee ballot application.
88	88	c. The order of envelopes is incorrect.
89	89	d. The affidavit is not properly witnessed or
90	90	notarized.
91	91	e. The elector failed to indicate his or her reason for
92	92	voting absentee.
93	93	(b)(1) The absentee election manager, beginning at 7:00
94	94	a.m. on the day of the election, shall deliver the sealed
95	95	affidavit envelopes containing absentee ballots to the
96	96	election officials provided for in Section 17-11-11. The
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126	126	election officials provided for in Section 17-11-11. The
127	127	election officials shall then call the name of each voter
128	128	casting an absentee ballot with poll watchers present as may
129	129	be provided under the laws of Alabama and shall examine each
130	130	affidavit envelope to determine if the signature of the voter
131	131	has been appropriately witnessed. If the witnessing of the
132	132	signature and the information in the affidavit establish that
133	133	the voter is entitled to vote by absentee ballot, then the
134	134	election officials shall certify the findings, open each
135	135	affidavit envelope, and deposit the plain envelope containing
136	136	the absentee ballot into a sealed ballot box.
137	137	(2) No poll worker or other election official shall
138	138	open an affidavit envelope if the envelope indicates the
139	139	ballot is an unverified provisional ballot or the affidavit is
140	140	unsigned by the voter or unmarked, and no ballot envelope or
141	141	ballot may be removed or counted. No poll worker or other
142	142	election official shall open an affidavit envelope if the
143	143	voter's affidavit signature or mark is not witnessed by the
144	144	signatures of two witnesses or a notary public, or other
145	145	officer, including a military commissioned officer, authorized
146	146	to acknowledge oaths, and no ballot envelope or ballot may be
147	147	removed or counted. The provision for witnessing of the
148	148	voter's affidavit signature or mark in Section 17-11-7 goes to
149	149	the integrity and sanctity of the ballot and election. No
150	150	court or other election tribunal shall allow the counting of
151	151	an absentee ballot with respect to which the voter's affidavit
152	152	signature or mark is not witnessed by the signatures of two
153	153	witnesses 18 years of age or older or a notary public, or
154	154	other officer, including a military commissioned officer,
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184	184	other officer, including a military commissioned officer,
185	185	authorized to acknowledge oaths, prior to being delivered or
186	186	mailed to the absentee election manager.
187	187	(3) Upon closing of the polls, the absentee ballots
188	188	shall be counted and otherwise handled in all respects as if
189	189	the absentee voter were present and voting in person. Precinct
190	190	ballot counters may be used to count absentee ballots.
191	191	Absentee election officials are to be appointed and trained in
192	192	the same manner as prescribed for regular election officials.
193	193	The number of absentee election officials shall be determined
194	194	by the number of precinct counters provided. The county
195	195	commission may provide more than one precinct ballot counter
196	196	based upon the recommendation of the absentee election
197	197	manager. Beginning not earlier than 7:00 a.m. on election day,
198	198	the absentee election officials shall perform the duties
199	199	prescribed in Section 17-11-11.
200	200	(4) As regards Regarding municipalities with
201	201	populations of less than 10,000, in the case of municipal
202	202	elections held at a time different from a primary or general
203	203	election, the return mail envelopes containing the ballots
204	204	shall be delivered to the election official of the precinct of
205	205	the respective voters, unless the city or town having a
206	206	population of less than 10,000 inhabitants has established, by
207	207	permanent ordinance adopted six months prior to the municipal
208	208	election, a procedure for the appointment of absentee election
209	209	officials pursuant to subsection (c) of Section 11-46-27.
210	210	(c)(1) Absentee ballots cast in a second primary
211	211	election for federal, state, or county office by individuals
212	212	voting pursuant to the federal Uniformed and Overseas Citizens
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242	242	voting pursuant to the federal Uniformed and Overseas Citizens
243	243	Absentee Voting Act, 52 U.S.C. §§ 20301-20311, and received
244	244	after noon on the day of the second primary election, shall be
245	245	opened and counted at the same time as the verified
246	246	provisional ballots. At noon seven days after the second
247	247	primary election, the absentee election manager shall deliver
248	248	the sealed affidavit envelopes containing absentee ballots to
249	249	the officials provided for in subsection (f) of Section
250	250	17-10-2. The officials shall call the name of each voter
251	251	casting an absentee ballot in the presence of watchers
252	252	designated by any interested candidates and shall examine each
253	253	affidavit envelope to determine if the signature of the voter
254	254	has been appropriately witnessed. If the witnessing of the
255	255	signature and the information in the affidavit establish that
256	256	the voter is entitled to vote by absentee ballot, then the
257	257	election officials shall certify the findings, open each
258	258	affidavit envelope, and deposit the plain envelope containing
259	259	the absentee ballot into a sealed ballot box.
260	260	(2) No election official shall open an affidavit
261	261	envelope if the affidavit printed thereon is unsigned by the
262	262	voter or unmarked, and no ballot envelope or ballot therein
263	263	may be removed or counted. No election official shall open an
264	264	affidavit envelope if the voter's affidavit signature or mark
265	265	is not witnessed by the signatures of two witnesses or a
266	266	notary public, or other officer, including a military
267	267	commissioned officer, authorized to acknowledge oaths, and no
268	268	ballot envelope or ballot therein may be removed or counted.
269	269	The provision for witnessing of the voter's affidavit
270	270	signature or mark in Section 17-11-7 goes to the integrity and
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300	300	signature or mark in Section 17-11-7 goes to the integrity and
301	301	sanctity of the ballot and election. No court or other
302	302	election tribunal shall allow the counting of an absentee
303	303	ballot with respect to which the voter's affidavit signature
304	304	or mark is not witnessed by the signatures of two witnesses 18
305	305	years of age or older or a notary public, or other officer,
306	306	including a military commissioned officer, authorized to
307	307	acknowledge oaths, prior to being delivered or mailed to the
308	308	absentee election manager.
309	309	(3) The absentee ballots described in this subsection
310	310	shall be opened, counted, and tabulated. The results of the
311	311	absentee ballots counted and tabulated on election day shall
312	312	be amended to include the results of the absentee ballots
313	313	described in this subsection.
314	314	(4) In all other respects, unless otherwise
315	315	specifically provided by law, the absentee ballots described
316	316	in this subsection shall be treated as other absentee ballots.
317	317	(d) The Secretary of State shall adopt rules to
318	318	implement subsection (a). "
319	319	Section 2. This act shall become effective on October
320	320	1, 2025.
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