HB266 By Representatives Melton, England, Ford, McCampbell, Knight, Lawrence, McClammy, Holmes (A), Clarke, Grimsley, Boyd, Bandy, Bracy, Moore (M), Rogers, Daniels, Coleman-Evans, Alexander, Hall and Robinson RFD Constitution, Campaigns and Elections Rd 1 12-MAR-15

SYNOPSIS: Under existing law, general elections are held on the first Tuesday after the first Monday in November.

This bill would create a five-day voting period for general elections beginning on the Friday before the first Tuesday after the first Monday in November.

A BILL TO BE ENTITLED AN ACT

Relating to general elections; to amend Sections 17-9-5, 17-9-8, 17-9-51, 17-11-18, 17-14-3, 17-14-4, 17-14-6, 17-14-8, 17-14-10, and 17-14-11, Code of Alabama 1975; and to create a five-day voting period for general elections beginning on the Friday before the first Tuesday after the first Monday in November.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 17-9-5, 17-9-8, 17-9-51, 17-11-18, 17-14-3, 17-14-4, 17-14-6, 17-14-8, 17-14-10, and 17-14-11, Code of Alabama 1975, are amended to read as follows:

§17-9-5.

"The judge of probate must give notice at least 30 days before the first day of each election by publication in a newspaper of general circulation in the county, if any is published therein and, if not, by writings posted at the courthouse door and at three other public places in the county, of the time of holding and the offices to be filled by such election. Such notice shall consist only of the date or dates of the election and the officers to be voted for or subjects to be voted on.

§17-9-8.

"After the polls have opened, no adjournment or recess shall be taken until the certificate of the result of the election is signed, except that during a general election, a recess shall be taken from 7:00 P.M. until 7:00 A.M. of the following day for the duration of the five-day period of the election.

§17-9-51.

"(a) No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless postmarked as of the date prior to the last day of the election and received by mail no later than noon on the last day of election, or, if received by the absentee election manager by hand delivery, unless so delivered by the voter or medical emergency designee to the absentee election manager not later than the close of the last business day next preceding the last day of the election or, if delivered by the medical emergency designee, by noon on the last day of the election.

"(b) The above provision does not apply in the case of individuals voting absentee pursuant to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 42 U.S.C. 1973ff et seq., when those individuals are voting in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda. In the case of UOCAVA voters voting absentee in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda, no absentee ballot shall be opened or counted, if received by the absentee election manager by mail, unless postmarked as of the day of the primary, second primary, last day of the general, or special election and received by mail no later than noon seven days after the primary, second primary, general, or special election.

§17-11-18.

"(a) No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless postmarked as of the date prior to the last day of the election and received by mail no later than noon on the last day of election, or, if received by the absentee election manager by hand delivery, unless so delivered by the voter or medical emergency designee to the absentee election manager not later than the close of the last business day next preceding the last day of the election or, if delivered by the medical emergency designee, by noon on the last day of the election.

"(b) The above provision does not apply in the case of individuals voting absentee pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 42 U.S.C. 1973ff, when those individuals are voting in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda. In the case of UOCAVA voters voting absentee in a primary, second primary, general, or special election for a federal, state, or county office or proposed constitutional amendment or other referenda, no absentee ballot shall be opened or counted, if received by the absentee election manager by mail, unless postmarked as of the day of the primary, second primary, last day of the general, or special election and received by mail no later than noon seven days after the primary, second primary, general, or special election.

§17-14-3.

"The Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer, Commissioner of Agriculture and Industries, senators and representatives in the Legislature, a sheriff in each county, one coroner in all counties having a coroner, and other officers not otherwise provided for, shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2006, and every fourth year thereafter. A president of the Public Service Commission shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2008, and every fourth year thereafter. Two associate public service commissioners shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2006, and every fourth year thereafter.

§17-14-4.

"Except as otherwise provided by local law, members of county commissions, one county treasurer in all counties having a county treasurer, and one constable for each election precinct shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2008, and every fourth year thereafter.

§17-14-6.

"The judges of the circuit and district courts, the judge of probate, the judges of the courts of appeals, and clerks of the circuit court shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2006, and they shall hold their respective offices for the term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.

"Unless otherwise provided in the Constitution of Alabama of 1901, vacancies in any judicial office shall be filled by appointment by the Governor.

"The office of a judge shall be vacant if the incumbent dies, resigns, retires, or is removed. The appointment of a judge of probate is for the remainder of the unexpired term.

"A judge, other than a judge of probate, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he or she has completed one year in office. At the election the judicial office shall be filled for a full term of office beginning at the end of the appointed term.

§17-14-8.

"One district attorney for each judicial circuit shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2010, and every six years thereafter, and they shall hold office for a term of six years from the first Monday after the second Tuesday in January next after their election and until their successors are elected and qualified.

§17-14-10.

"Electors for President and Vice President of the United States shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2008, and every fourth year thereafter. A member of Congress from each congressional district shall be elected on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2006, and every second year thereafter."

§17-14-11.

"At the general election to be held on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2008, and each six years thereafter, a senator of and from the State of Alabama in the Senate of the United States shall be elected by the people for a term of six years, beginning on the third day of January next after the election. At the general election to be held on during the five-day period beginning on a Friday and ending on the first Tuesday after the first Monday in November 2010, and every six years thereafter, a senator of and from the State of Alabama in the Senate of the United States shall be elected by the people for a term of six years, beginning on the third day of January next after the election."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Elections

Voters and Voting

Code Amended