HB314 By Representatives Chestnut, Gray and Lawrence RFD Constitution, Campaigns and Elections Rd 1 25-FEB-20

SYNOPSIS: This bill would provide for automatic voter registration in conjunction with obtaining, updating, or renewing a driver's license or nondriver identification card.

This bill would also authorize the Alabama State Law Enforcement Agency and the Secretary of State to adopt rules.

A BILL TO BE ENTITLED AN ACT

Relating to voting; to provide for automatic voter registration in conjunction with the issuance, updating, or renewal of driver's licenses or nondriver identification cards and to authorize rulemaking by the Secretary of State and the Alabama State Law Enforcement Agency.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Notwithstanding subsection (b) of Section 17-4-60, Code of Alabama 1975, the Alabama State Law Enforcement Agency, judges of probate, license commissioners, and other license issuing officials shall obtain, as an integral and simultaneous part of every application for the issuance, renewal, or update of a driver's license or nondriver identification card, all of the following information from each applicant:

(1) Full name, including first, middle, last, and any premarital names.

(2) Date of birth.

(3) Residential address including county, and, if different, mailing address.

(4) Date and applicant's signature.

(5) Telephone number, if available.

(6) Last four digits of Social Security number.

(7) Driver's license number, if available.

(8) A notation that the applicant has attested that he or she meets all voter eligibility requirements, including United States citizenship.

(9) Whether the applicant affirmatively declined to become registered to vote during the transaction with the Alabama State Law Enforcement Agency or other license issuing official by a signed statement that the applicant refuses to register to vote or does not meet the qualifications to register to vote.

(10) Any other information the Secretary of State, by rule, determines to be reasonably necessary to implement this section.

(b) Unless the applicant affirmatively declines by use of an opt-out process to become registered to vote or update his or her voter registration during the transaction with the license issuing official, the official shall release all of the information obtained pursuant to subsection (a) to the Secretary of State, as further provided in subsection (f). The Secretary of State shall forward the information to the board of registrars for the relevant county, and the board of registrars shall process the newly automatically registered voter or update information for the elector. If the applicant affirmatively declines to become registered to vote, the license issuing official shall transmit the first name, middle name, last name, premarital name, if applicable, residence address, date of birth, and signature to the Secretary of State, along with the notation that the applicant affirmatively declined to become registered through an opt-out process when applying for, renewing, or updating a driver's license or nondriver identification card.

(c) The license issuing official shall notify the applicant that by submitting his or her signature, the applicant grants written consent for the submission of the information obtained and required to be submitted to the Secretary of State pursuant to this section. Information regarding an applicant's failure to sign the voter registration application is confidential and may not be used for any purpose other than to determine voter registration.

(d) An application for voter registration submitted pursuant to this section updates a previous voter registration by the applicant and authorizes the cancellation of registration in any other county or state in which the applicant was previously registered.

(e) A change of address from one residence to another that is submitted for updating a driver's license or nondriver identification card serves as a notice of change of address for voter registration purposes.

(f) Completed applications for voter registration or change of address for voting purposes received by a license issuing official shall be forwarded to the Secretary of State within five days of receipt. The Secretary of State shall remove and file any forms that have not been signed by the applicant and shall forward completed, signed applications to the board of registrars of the appropriate county within five days of receipt.

(g) Voter registration applications submitted to a license issuing official that are unsigned shall be collected by the official and submitted to and maintained by the Secretary of State according to the retention policy adopted by the Secretary of State, provided that the retention policy shall require the records to be retained for at least four years.

(h) Information obtained pursuant to this section is not a public record for purposes of Chapter 13 of Title 41, Code of Alabama 1975, and the Secretary of State, by rule, shall establish procedures to protect the confidentiality of the information obtained pursuant to this section.

(i) This section shall not be construed as requiring or authorizing the Alabama State Law Enforcement Agency, judges of probate, license commissioners, or other license issuing officials to determine eligibility for voter registration or voting.

(j) The Alabama State Law Enforcement Agency and the Secretary of State may adopt rules to implement this section.

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.

Voter Registration

Voters and Voting

Elections

Drivers' Licenses

Judge, Probate

Registrars of Voters

Alabama State Law Enforcement Agency

Secretary of State