1 SB376
2 212627-1
3 By Senators Smitherman, Hatcher, Coleman-Madison, Beasley,
4 Figures and Singleton
5 RFD: Governmental Affairs
6 First Read: 01-APR-21
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8 SYNOPSIS: Under existing law, a registered voter may
9 only vote by absentee ballot if he or she meets one
10 of the criteria prescribed by law for voting
11 absentee.
12 This bill would allow a registered voter to
13 vote by absentee ballot without an excuse.
14
15 A BILL
16 TO BE ENTITLED
17 AN ACT
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19 Relating to voting; to amend Sections 17-11-3 and
20 17-11-7, Code of Alabama 1975, as last amended by Act 2019-507
21 of the 2019 Regular Session; to authorize absentee voting
22 without an excuse.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24 Section 1. Sections 17-11-3 and 17-11-7, Code of
25 Alabama 1975, as last amended by Act 2019-507 of the 2019
26 Regular Session, are amended to read as follows:
27 "17-11-3.
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1 "(a) Any qualified elector of this state may apply
2 for and vote an absentee ballot by mail, by hand delivery in
3 person, or by commercial carrier, as determined by rule by the
4 Secretary of State, as provided in Sections 17-11-5 and
5 17-11-9, in any primary, general, special, or municipal
6 election, if he or she makes application in writing therefor
7 not less than five days prior to the election in which he or
8 she desires to vote. and meets one or more of the following
9 requirements:
10 "(1) The person expects to be out of the county or
11 the state, or the municipality for municipal elections, on
12 election day.
13 "(2) The person has any physical illness or
14 infirmity which prevents his or her attendance at the polls,
15 whether he or she is within or without the county on the day
16 of the election.
17 "(3) The person expects to work a shift which has at
18 least 10 hours which coincide with the hours the polls are
19 open at his or her regular polling place.
20 "(4) The person is enrolled as a student at an
21 educational institution located outside the county of his or
22 her personal residence, attendance at which prevents his or
23 her attendance at the polls.
24 "(5) The person is a member of, or spouse or
25 dependent of a member of, the Armed Forces of the United
26 States or is similarly qualified to vote absentee pursuant to
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1 the federal Uniformed and Overseas Citizens Absentee Voting
2 Act, 42 U.S.C. 1973ff.
3 "(6) The person has been appointed as an election
4 officer or named as a poll watcher at a polling place other
5 than his or her regular polling place.
6 "(7) The person is a caregiver for a family member
7 to the second degree of kinship by affinity or consanguinity
8 and the family member is confined to his or her home.
9 "(8) The person is incarcerated in prison or jail
10 and has not been convicted of a felony involving moral
11 turpitude, as provided in Section 17-3-30.1.
12 "(b) An applicant for an absentee ballot who is a
13 member of the Armed Forces of the United States, including the
14 Alabama National Guard, the United States Naval Reserves, the
15 United States Air Force Reserves, and the United States Army
16 Reserve on active duty or active duty for training or an
17 applicant who is the spouse of any member of the armed forces
18 or any other applicant qualified to vote absentee pursuant to
19 the federal Uniformed and Overseas Citizens Absentee Voting
20 Act, 42 U.S.C. 1973ff 52 U.S.C. 20301-20311, may make
21 application for an absentee ballot by filling out the federal
22 postcard application form, authorized and provided for under
23 the provisions of The Federal Voting Assistance Act of 1955,
24 Public Law 296, Chapter 656, H.R. 4048, approved August 9,
25 1955, 84th Congress 1st Session.
26 "(c) Any registered elector who requires emergency
27 treatment of a licensed physician within five days of an
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1 election may apply for an emergency absentee ballot for the
2 election and may vote by returning the absentee ballot no
3 later than noon on the day the election is held. The attendant
4 physician shall describe and certify the circumstances as
5 constituting an emergency on a special form designed by the
6 Secretary of State and provided by his or her office to local
7 absentee election managers. The special form shall be attached
8 to the application.
9 "(d)(1) Any registered elector whose name appears on
10 the poll list of qualified voters may vote by an emergency
11 absentee ballot if any of the following situations arise:
12 "a. The elector is required by his or her employer
13 under unforeseen circumstances within five days before an
14 election to be unavailable to vote at the polls on election
15 day.
16 "b. The elector is a caregiver of a person who
17 requires emergency treatment by a licensed physician within
18 five days before an election.
19 "c. A family member to the second degree of kinship
20 by affinity or consanguinity of an elector dies within five
21 days before an election.
22 "(2) Under such circumstances, the elector shall
23 apply for an emergency absentee ballot at the office of the
24 absentee election manager no later than the close of the
25 business day one day prior to the election. The applicant
26 shall complete and file an application form designed by the
27 Secretary of State for emergency absentee voters. The form
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1 shall contain an affidavit which the applicant shall sign or
2 swear acknowledging that he or she was not aware of the
3 situation constituting the emergency prior to five days before
4 the election. An applicant who meets the requirements of this
5 subsection may vote by an emergency absentee ballot. After
6 voting the ballot, the voter shall hand the ballot to the
7 absentee election manager.
8 "(e) If the occurrence of a state of emergency as
9 declared in this or any other state, or by the federal
10 government, renders substantial compliance with this article
11 impossible or unreasonable for a group of qualified voters who
12 respond to the emergency, the Secretary of State, pursuant to
13 Section 41-22-5, may adopt an emergency rule to allow those
14 qualified voters to vote by absentee ballot. Notwithstanding
15 any other laws to the contrary, all expenses and costs
16 incurred by the state or any county in carrying out the
17 responsibilities and duties included in an emergency rule
18 adopted pursuant to this subsection shall be paid by the State
19 of Alabama from any funds made available for election expenses
20 under state and federal law.
21 "(f) Notwithstanding any other provision of
22 otherwise applicable law, in the event more than one absentee
23 ballot is cast in the name of the single voter, whether any
24 such multiple ballot is cast by mail or otherwise, none of the
25 affidavit envelopes containing the multiple ballots shall be
26 opened, and none of the multiple ballots shall be counted,
27 except in the event of an election contest, upon the order of
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1 the election contest tribunal. Upon the conclusion of an
2 election contest or, in the event no such contest is filed,
3 upon the expiration of time for filing such a contest, the
4 multiple ballots shall be provided to the district attorney,
5 with photocopies provided to the state Attorney General, for
6 the investigation, prosecution, or other action as may be
7 appropriate under applicable law.
8 "17-11-7.
9 "(a) Each absentee ballot shall be accompanied by an
10 envelope upon which shall be printed an affidavit.
11 "(b) With respect to an absentee ballot cast
12 pursuant to Section 17-11-3, the affidavit shall read as
13 follows:
14 "State of Alabama
15 County of ___________
16 I, the undersigned, do swear (or affirm) that:
17 My place of residence in Alabama is: ________________
18 (street)
19 ____________________, Alabama __________
20 (city or town) (zip code)
21 My date of birth is: __________
22 month day year
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1
2 I am entitled to vote an absentee ballot because:
3 Check at least one:
4 ___ I expect to be out of the county or the state on
5 election day.
6 ___ I am physically incapacitated and will not be
7 able to vote in person on election day.
8 ___ I expect to work a required workplace shift
9 which has at least 10 hours which coincide with the polling
10 hours at my regular polling place.
11 ___ I am a student at an educational institution
12 located outside the county of my permanent residence and am
13 therefore unable to vote at my usual polling place on election
14 day.
15 ___ I am a member of or a spouse or dependent of a
16 member of the Armed Forces of the United States or am
17 otherwise entitled to vote pursuant to the federal Uniformed
18 and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff.
19 ___ I have been appointed as an election officer at
20 a polling place which is not my regular polling place.
21 ___ I will be out of the county on election day
22 responding to a state of emergency as declared by this state
23 or any other state, or by the federal government.
24 ___ I am a caregiver for a family member to the
25 second degree of kinship by affinity or consanguinity and the
26 family member is confined to his or her home.
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1 ___ I am currently incarcerated in prison or jail
2 and I have not been convicted of a felony involving moral
3 turpitude.
4 I further swear (or affirm) that I have not voted
5 nor will I vote in person in the election to which this ballot
6 pertains.
7 I have marked the enclosed absentee ballot
8 voluntarily and I have read or had read to me and understand
9 the instructions accompanying this ballot and I have carefully
10 complied with such instructions.
11 Moreover, I further swear (or affirm) that all of
12 the information given above is true and correct to the best of
13 my knowledge and that I understand that by knowingly giving
14 false information so as to vote illegally by absentee ballot
15 that I shall be guilty of a misdemeanor which is punishable by
16 a fine not to exceed one thousand dollars ($1,000) or confine-
17 ment in the county jail for not more than six months, or both.
18 _________________
19 (Signature or mark of voter.)
20 ___________________
21 (Printed name of voter.)
22 IF YOUR AFFIDAVIT IS NOT SIGNED (OR MARKED), AND IF
23 YOUR AFFIDAVIT IS NOT WITNESSED BY TWO WITNESSES 18 YEARS OF
24 AGE OR OLDER OR A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO
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1 ACKNOWLEDGE OATHS, PRIOR TO BEING DELIVERED OR MAILED TO THE
2 ABSENTEE ELECTION MANAGER, YOUR BALLOT WILL NOT BE COUNTED.
3 Sworn to and subscribed before me this _____ day of
4 _____, 2__.
5 I certify that the affiant is known (or made known)
6 to me to be the identical party he or she claims to be.
7 ___________________ (Signature of official)
8 (Title of official)
9 ___________________
10 (Address of official)
11 OR
12 1st Witness____________
13 Signature
14 _____________
15 Print name
16 _____________
17 Address
18 ______________
19 City Zip Code
20 2nd Witness______________
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1 Signature
2 _____________
3 Print name
4 _____________
5 Address
6 ______________
7 City Zip Code"
8 "(c) Unless running unopposed, a candidate may not
9 witness or notarize any absentee ballot."
10 Section 2. This act shall become effective on the
11 first day of the third month following its passage and
12 approval by the Governor, or its otherwise becoming law.
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Statutes affected: Introduced: 17-11-3, 17-11-7