1 SB330
2 211597-1
3 By Senator Shelnutt
4 RFD: Governmental Affairs
5 First Read: 11-MAR-21
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1 211597-1:n:03/10/2021:ANS/cr LSA2021-691
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8 SYNOPSIS: Under existing law, no judge of probate,
9 sheriff, or clerk of the circuit court may serve on
10 the appointing board when he or she is a candidate
11 for election to any office during an election cycle
12 and has opposition named on the ballot.
13 Also under existing law, no circuit clerk
14 may serve as absentee election manager when he or
15 she is a candidate for election to any office
16 during an election cycle and has opposition.
17 This bill would expand this prohibition to
18 certain family members of the judge of probate,
19 sheriff, and clerk of the circuit court when the
20 family member is a candidate for election to any
21 office, the name of the candidate appears on the
22 ballot in the county where the judge of probate,
23 sheriff, or clerk of the circuit court holds
24 office, and the candidate has opposition named on
25 the ballot.
26 This bill would prohibit an individual from
27 serving on the board of registrars when he or she
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1 or a family member is a candidate for election to
2 any office, the name of the candidate appears on
3 the ballot in the county where the registrar would
4 serve, and the candidate has opposition named on
5 the ballot.
6 This bill would prohibit the circuit clerk
7 or other individual from serving as absentee
8 election manager when he or she or certain family
9 members of the circuit clerk or other individual is
10 a candidate for election to any office, the name of
11 the candidate appears on the ballot in the county
12 or municipality where the circuit clerk or other
13 individual would serve as absentee election
14 manager, and the candidate has opposition named on
15 the ballot.
16 This bill would also make nonsubstantive,
17 technical revisions to update the existing code
18 language to current style.
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20 A BILL
21 TO BE ENTITLED
22 AN ACT
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24 Relating to elections; to amend Sections 17-3-2,
25 17-8-3, and 17-11-2, Code of Alabama 1975, Section 17-11-12,
26 Code of Alabama 1975, as last amended by Act 2019-318 of the
27 2019 Regular Session, and Sections 17-11-13 and 17-11-15, Code
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1 of Alabama 1975; to prohibit the judge of probate, sheriff,
2 and clerk of the circuit court from serving on the appointing
3 board in certain circumstances; to prohibit an individual from
4 serving on the board of registrars in certain circumstances;
5 to prohibit the circuit clerk or other individual from serving
6 as absentee election manager in certain circumstances; and to
7 make nonsubstantive, technical revisions to update the
8 existing code language to current style.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Sections 17-3-2, 17-8-3, and 17-11-2,
11 Code of Alabama 1975, Section 17-11-12, Code of Alabama 1975,
12 as last amended by Act 2019-318 of the 2019 Regular Session,
13 and Sections 17-11-13 and 17-11-15, Code of Alabama 1975, are
14 amended to read as follows:
15 "17-3-2.
16 "(a) Registration shall be conducted in each county
17 by a board of three reputable and suitable persons individuals
18 to be appointed, unless otherwise provided by law, by the
19 Governor, Auditor, and Commissioner of Agriculture and
20 Industries, or by a majority of them acting as a state board
21 of appointment. The registrars shall be qualified electors,
22 residents of the county, shall have a high school diploma or
23 equivalent, and possess the minimum computer and map reading
24 skills necessary to function in the office. The Secretary of
25 State shall prescribe guidelines to assist the state board of
26 appointment in determining the qualifications of registrars.
27 The registrars shall not hold an elective office during their
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1 term. One of the members shall be designated by the state
2 board of appointment as chair of the board of registrars for
3 each county.
4 "(b) Notwithstanding the provisions of subsection
5 (a), the Legislature may provide by local law for the
6 appointment of additional members to the board of registrars
7 for a county that has two courthouses.
8 "(c) The provisions of this section shall not apply
9 in any county having a population of not less than 600,000
10 inhabitants according to the 1970 or any succeeding federal
11 decennial census, and any currently effective local law or
12 general law of local application providing for the appointment
13 of any member of the board of registrars in the county shall
14 remain in full force and effect and shall not be repealed by
15 operation of this chapter.
16 "(d) Notwithstanding subsections (a) and (c), no
17 individual shall serve as a member of the board of registrars
18 if he or she, or his or her parent, child, spouse, or sibling,
19 is a candidate for election to any office, the name of the
20 candidate appears on the ballot in the county in which the
21 registrar would serve, and the candidate has opposition named
22 on the ballot.
23 "17-8-3.
24 "(a) When the judge of probate, sheriff, or clerk of
25 the circuit court is a candidate for election to any office at
26 that election and has opposition named on the ballot, he or
27 she shall not serve on the appointing board. The judge of
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1 probate, as the chief election official for the county, shall
2 certify to the qualified members of the appointing board the
3 fact of the candidacy of any member of the appointing board
4 immediately after the certificate of nomination, or petition,
5 as provided in Section 17-9-3, is filed.
6 "(b) No judge of probate, sheriff, or clerk of the
7 circuit court may serve on the appointing board if the parent,
8 child, spouse, or sibling of the judge of probate, sheriff, or
9 clerk of the circuit court is a candidate for election to any
10 office, the name of the candidate appears on the ballot in the
11 county in which the judge of probate, sheriff, or clerk of the
12 circuit court holds office, and the candidate has opposition
13 named on the ballot.
14 "17-11-2.
15 "(a) In each county there shall be an "absentee
16 election manager," who shall fulfill the duties assigned by
17 this chapter. The circuit clerk of the county shall, at his or
18 her option, be the absentee election manager. If the circuit
19 clerk of the county declines the duties of absentee election
20 manager, the appointing board shall thereupon appoint an
21 absentee election manager, who shall be a person an individual
22 qualified by training and experience, who is and a qualified
23 elector of the county and who is not a candidate in the
24 election to perform the duties assigned by this chapter. The
25 county commission shall designate the place or office where
26 such duties shall be performed. Such The place or office shall
27 be open on the days and during the hours as that of the
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1 circuit clerk prior to each election. Any person so appointed
2 shall have all the powers, duties, and responsibilities of the
3 circuit clerk for the purposes of this chapter, including the
4 power to administer oaths. Such The powers, duties, and
5 responsibilities shall terminate when the election results are
6 certified. The absentee election manager or circuit clerk
7 shall be entitled to the same compensation for the performance
8 of his or her duties as is provided in Section 17-11-14.
9 "(b) Notwithstanding subsection (a), no individual
10 shall serve as an absentee election manager if he or she, or
11 his or her parent, child, spouse, or sibling, is a candidate
12 for election to any office, the name of the candidate appears
13 on the ballot in the county in which the absentee election
14 manager would serve, and the candidate has opposition named on
15 the ballot.
16 "17-11-12.
17 "Not less than 55 days prior to the holding of any
18 election, except a municipal election, to which this chapter
19 pertains, or in the case of a runoff primary election, not
20 more than 14 days after the first primary election, the
21 officer charged with the printing and distribution of the
22 official ballots and election supplies shall deliver to the
23 absentee election manager of each county in which the election
24 is held or to the person designated to serve in his or her
25 place a sufficient number of absentee ballots, envelopes, and
26 other necessary supplies. Not more than seven days after the
27 last day to qualify as a candidate in a municipal election, or
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1 in the case of a runoff municipal election, not more than 14
2 days after the first election, or in the case of a municipal
3 election held for a purpose other than the election of
4 municipal officers, not more than seven days after the giving
5 of notice of the election, the officer charged with the
6 printing and distribution of the official ballots and election
7 supplies shall deliver to the absentee election manager of the
8 municipality in which the election is held, or to the person
9 designated to serve in his or her place, a sufficient number
10 of absentee ballots, envelopes, and other necessary supplies.
11 If the absentee election manager is a candidate with
12 opposition in the election, he or she shall immediately, upon
13 receipt of the ballots, envelopes, and supplies, deliver them
14 to the person authorized to act in his or her place, as
15 provided in Section 17-11-13.
16 "17-11-13.
17 "(a) When the circuit clerk is a candidate for any
18 office and has opposition, he or she shall be disqualified
19 from performing any of the duties imposed by this chapter with
20 reference to the handling of absentee ballots. At least 55
21 days prior to the election, the circuit clerk shall certify to
22 the appointing board of the county his or her candidacy with
23 opposition and that he or she is disqualified to serve or
24 otherwise prevented from serving. The appointing board shall
25 thereupon appoint a person to serve as absentee election
26 manager in the manner provided for in Section 17-11-2.
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1 "(b) No circuit clerk may perform any of the duties
2 imposed by this chapter with reference to the handling of
3 absentee ballots if the parent, child, spouse, or sibling of
4 the circuit clerk is a candidate for election to any office,
5 the name of the candidate appears on the ballot in the county
6 in which the circuit clerk holds office, and the candidate has
7 opposition named on the ballot.
8 "17-11-15.
9 "(a) In any municipal election that is held at a
10 time different from a primary or general election, the duties
11 with reference to the handling of absentee ballots which are
12 required of the circuit clerk shall be performed by the town
13 clerk, city clerk, or other officer performing the duties of
14 the clerk. If such the clerk or other officer is also a
15 candidate in such the election, the governing body of the city
16 or town shall appoint a qualified elector of the city or town
17 to perform the duties. Such person The individual so appointed
18 shall have all the powers, duties, and responsibilities of the
19 circuit clerk under this chapter.
20 "(b) No town clerk, city clerk, or other officer may
21 perform the duties imposed by subsection (a) if the parent,
22 child, spouse, or sibling of the town clerk, city clerk, or
23 other officer is a candidate for election to a municipal
24 office, the name of the candidate appears on the ballot in the
25 municipality in which the town clerk, city clerk, or other
26 officer serves, and the candidate has opposition named on the
27 ballot."
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1 Section 2. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
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Statutes affected:
Introduced: 17-3-2, 17-8-3, 17-11-2