HB103 By Representatives Sanderford, McCutcheon, Patterson, Hanes, Greer, Pettus, Williams (P), Ball, Rich, Sessions, Henry, Wood, Chesteen, Harper, Millican, Gaston, Butler, Tuggle, Johnson (K) and Brown RFD County and Municipal Government Rd 1 03-MAR-15

SYNOPSIS: Under existing law, a list of registered voters is required to be published in a newspaper of general circulation in the county prior to each regular primary election. Additionally, a list of the registered voters to be removed from the voters list is required to be published when statewide voter file maintenance is conducted. Also under existing law, notice of all elections and a list of inspectors and clerks for an election are required to be published in a newspaper of general circulation in the county.

This bill would eliminate the requirement to publish these lists and notices, except the lists of voters to be removed, and have this information posted on the county website, or if there is no website maintained by the county, on the website of the Association of County Commissions of Alabama. This bill would also require that this information would be available for review upon request at a reasonable cost and that the county place a display advertisement at least one-half page in size in some newspaper of general circulation in the county providing information about where the lists and notices are available.

This bill would limit payment to one list per election.

A BILL TO BE ENTITLED AN ACT

To amend Sections 17-4-1, 17-4-10, and 17-9-5, Code of Alabama 1975, to remove the requirement to publish certain lists of registered voters and inspectors and clerks and election notices in a newspaper of general circulation in the county; to require the information to be posted on a county website and made available upon request at a reasonable cost to the person making this request; to require the county to place a display advertisement in a newspaper of general circulation in the county identifying where voter list and election notice information is available.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 17-4-1, 17-4-10, and 17-9-5, Code of Alabama 1975, are amended to read as follows:

§17-4-1.

"The (a) On or before the twentieth day preceding the regularly scheduled primary election, the judge of probate shall publish from the state voter registration list post on the website of the county a correct alphabetical list of qualified electors from the state voter registration list either by county, precinct, district, or subdivision wherein each elector is registered to vote, in some newspaper with general circulation in the county, on or before the twentieth day preceding the regularly scheduled primary election. If the county does not maintain a website, the list shall be posted on the website of the Association of County Commissions of Alabama. The list shall also be available upon request at a reasonable cost from the office of the judge of probate and copies shall be posted for review in other public buildings. In addition to the posting, the county shall give notice by placing a display advertisement at least one-half page in size once a week for two consecutive weeks in a newspaper with general circulation in the county meeting the requirements for publication of legal notices pursuant to Sections 6-8-60 and 6-8-64. Provided, however, for the first primary election following the reapportionment of the Alabama Legislature, the display advertisement shall be published in each newspaper with general circulation in the county meeting the requirements for publication of legal notices pursuant to Sections 6-8-60 and 6-8-64. The advertisement shall include the website address where the list can be obtained, state that the list will be available at a reasonable cost from the office of the judge of probate, and include contact information for the office of the judge of probate.

"(b) The list of qualified electors prepared by the judge of probate shall be accompanied by a printed certification generated by the state voter registration system verifying that the list contains the names of all qualified electors registered as of the specified time and date when it was printed. The list shall further state that any elector whose name was inadvertently omitted from the list shall have 10 days in which to have his or her name entered upon the list of qualified voters.

"(c) If within 10 days after the list of qualified electors is made available, any voter shall reasonably satisfy the board of registrars by proper proof that any name should be added to the list, the board shall add such the name of the voter to the list. The supplemental list of registered voters inadvertently omitted from the original list shall be published once in a newspaper of general circulation in the county posted on the county's website or, if the county does not maintain a website, on the website of the Association of County Commissions of Alabama, on or before the seventh day preceding the date of the primary election and the availability of the list shall be noted in the display advertisement required by subsection (a). The lists required to be published pursuant to this section may be published, at the discretion of the county commission, as a preprinted or inserted advertising supplement at a cost no greater than the selected newspaper's lowest applicable national insertion rates. If the list is published as a preprinted supplement in the selected newspaper, the supplement size shall conform to the size requirements set by the selected newspaper and shall be printed on standard newsprint paper. The type size shall be no smaller than nine point standard type. The list shall also be delivered to the newspaper for insertion in a manner required for other advertising supplements. The supplement may not contain any other advertising. Any newspaper accepting a preprinted insertion that is not prepared by the newspaper shall not be responsible for the content of such insertion. The list shall also be made available upon request at no cost at a reasonable cost from the office of the judge of probate and copies shall be posted for review in other public buildings. Nothing in this section shall prohibit a county commission from publishing the list of voters qualified electors in more than one any newspaper within the county at the county commission's discretion.

§17-4-10.

"The names of persons in the county to be struck from the list of registered voters shall be listed by precinct and in alphabetical order and published in a newspaper of general circulation in the county meeting the requirements for publication of legal notices pursuant to Sections 6-8-60 and 6-8-64 once a week and posted on the county's website for at least two consecutive weeks in November or December of each year in which the statewide voter file maintenance is conducted. If the county does not maintain a website, the list shall be posted on the website of the Association of County Commissions of Alabama. The list shall also be available at no cost at a reasonable cost to the requestor from the judge of probate's office and copies shall be posted for review in other public buildings. Provided, however, for the first voter file maintenance process following the reapportionment of the Alabama Legislature, the list required by this section shall be published in each newspaper with general circulation in the county meeting the requirements for publication of legal notices pursuant to Sections 6-8-60 and 6-8-64. The county shall place a display advertisement at least one-quarter page in size in a newspaper with general circulation in the county. The advertisement shall include the website address where the list can be obtained, state that the list will be available upon request at no cost at a reasonable cost from the office of the judge of probate, and include contact information for the office of the judge of probate.

§17-9-5.

"The judge of probate must give notice of each election at least 30 days before each the election by publication in a newspaper of general circulation in the county, if any is published therein and, if not, by writings posted posting notice on the county's website, at the courthouse door, and at three other public places in the county, of . If the county does not maintain a website, the notice shall be posted on the website of the Association of County Commissions of Alabama. In addition, the county shall place a display advertisement of at least one-quarter page in size in a newspaper with general circulation in the county meeting the requirements for publication of legal notices pursuant to Sections 6-8-60 and 6-8-64. The advertisement shall include the website address where the notice of election may be obtained. The notice of election available on the website and at the courthouse and other public places shall include the time of holding the election and the offices to be filled by such the election. Such The notice shall consist only of the date of the election and the officers to be voted for or subjects to be voted on."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law and shall apply to any election cycle commencing after the effective date of the act.

Elections

Board of Registrars

Judge, Probate

Circuit Clerks

Newspapers

Publication

Code Amended