HB262 By Representatives Jones (S), Drummond, Alexander, Grimsley, Hatcher, Jackson, Bracy, Brown (C), Gray, Rafferty and Gaston RFD Constitution, Campaigns and Elections Rd 1 18-FEB-20

SYNOPSIS: Under existing law, a county or municipality may use electronic poll books certified by the Secretary of State.

This bill would provide that electronic poll books may be purchased or leased and may be used until the county commission adopts the use of another electronic poll book, with certain exceptions.

This bill would provide the process for seeking reimbursement of costs associated with the acquisition and use of electronic poll books.

This bill would provide reimbursement as election expenses for training and travel costs of absentee election managers other than clerks and for certain costs related to the acquisition and use of electronic poll books.

A BILL TO BE ENTITLED AN ACT

Relating to elections; to amend Sections 17-4-2.1 and 17-16-2, Code of Alabama 1975; to provide further for the use of electronic poll books; and to provide further for the reimbursement of costs incurred by counties in acquiring and using electronic poll books.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 17-4-2.1 and 17-16-2, Code of Alabama 1975, are amended to read as follows:

§17-4-2.1.

"(a) The Secretary of State may allow the use of electronic poll books in lieu of the printed lists of qualified voters provided for in Section 17-4-2 and the poll lists provided for in Sections 17-9-11 and 17-13-7. A county, with consent of the county commission and judge of probate, may use electronic poll books in lieu of the printed lists of qualified voters. In addition, the Secretary of State and municipal governing bodies may allow the use of electronic poll books in lieu of the printed lists of qualified voters provided for in Section 11-46-36 or any local law governing a municipal election.

"(b) A participating county or municipality may adopt the use of purchase or lease any electronic poll book that has been is certified by the Secretary of State for use in this state. The county or municipality may use the certified electronic poll book until the county commission votes to adopt the use of another certified electronic poll book, subject to subsection (d).

"(c) To be certified for use by the Secretary of State, an electronic poll book shall do meet all of the following criteria:

"(1) Be secure.

"(2) Be compatible with the statewide voter registration system.

"(3) Include a failsafe data recovery procedure for information included in the electronic poll book.

"(4) Contain the same information as the printed lists provided for in Section 11-46-36 and any local law governing a municipal election and in Section 17-4-2 and the poll lists provided for in Section 11-46-50 and any local law governing a municipal election and in Sections 17-9-11 and 17-13-7.

"(5) Indicate whether the voter applied for an absentee ballot and the registration status of the voter in the statewide voter registration list.

"(6) Provide an electronic process to check in a voter on election day that incorporates the signature requirements set forth in Section 11-46-50 and any local law governing a municipal election and in Section 17-9-11; provided that this process may not be used for checking in a voter who is required to cast a provisional ballot as provided for in Chapter 10 of this title, or whose name is not contained in the electronic poll book as an eligible voter for the precinct.

"(7) Provide functionality for quickly and accurately uploading voter history into the statewide voter registration list in accordance with Section 17-4-33.

"(8) Provide for the retention of the voter data contained in the electronic poll book for the applicable retention period applicable to the records of election, which may be accomplished by archiving the data in electronic format on an external data storage device.

"(9) When used in a primary election or primary runoff election, provide for the recording and subsequent printing or exporting of electronic data of names and electronic signatures of the voters participating in the primary election or primary runoff election of each political party.

"(10) Comply with additional requirements as determined to be necessary and promulgated adopted by the Secretary of State by rule pursuant to the Administrative Procedure Act.

"(d) The Secretary of State shall not decertify an electronic poll book that was certified at the time of purchase or lease by a county or municipality within nine years of its purchase or lease, unless the Secretary of State demonstrates to the county or municipality that the electronic poll book does not meet one or more criteria listed in subdivisions (1) through (9) of subsection (c). Decertification that is prompted by criteria other than an irreparable issue that will compromise the integrity of an election requires a 12-month notice to the county from the Secretary of State to the chief election official.

"(d)(e) Electronic poll books may not be populated with data for eligible voters until the 10-day period immediately prior to an election in accordance with Section 17-4-2.

"(e)(f) The Secretary of State shall develop and provide to each participating county and municipality instructions, directives, and advisories regarding the examination, testing, and use of the electronic poll books.

"(f)(g) All expenses and costs incurred by a county commission in carrying out this section may shall be paid from funds made available to the Secretary of State under state and federal law to pay all such expenses and costs in all participating counties, from county general funds, or from municipal general funds reimbursed pursuant to Article 1, commencing with Section 17-16-1, of Chapter 16.

"(g)(h) The Secretary of State may promulgate adopt rules pursuant to the Administrative Procedure Act to implement the provisions of this section.

§17-16-2.

"As used in this chapter, the term "expenses" shall include the following items and any other items approved as reimbursable expenses by the Election Expense Reimbursement Committee pursuant to Section 17-16-2.1:

"(1) The compensation and mileage provided by law for election officials.

"(2) The compensation provided by law for the clerk or other official acting as absentee election manager.

"(3) In instances when the clerk declines to serve as the absentee election manager, the cost of necessary training and associated travel expenses for the individual appointed to carry out the duties of absentee election manager, as approved by the county commission.

"(3)(4) The costs of ballots, supplies, and other materials or equipment necessary for election officials to conduct elections as required by law and as certified by the judge of probate as chief election official of the county.

"(5) The costs incurred by the county commission in using electronic poll books pursuant to Section 17-4-2.1, including, but not limited to, the purchase or lease of the electronic poll books, essential support equipment, software updates, populating the electronic poll books prior to each election, required maintenance necessary to ensure the proper use of the electronic poll books for each election, and any other expenses necessary to comply with rules adopted by the Secretary of State pursuant to Section 17-4-2.1.

"(4)(6) The costs of absentee ballots, supplies, postage, and other materials required by law to be furnished to the absentee election manager.

"(5)(7) The cost of preparing and furnishing the lists of qualified electors to the election officials as required by law.

"(6)(8) The cost of publishing any notice or other item related to any election and required by law, including, but not limited to, the publication of notice of any election and any voter lists."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Elections

Secretary of State

Counties

Municipalities

County Commissions

Code Amended