SB246 By Senators Singleton and Sanders-Fortier RFD Governmental Affairs Rd 1 27-FEB-20

SYNOPSIS: Under existing law, there is no requirement that an absentee election manager notify an elector if the elector submits a deficient absentee ballot application or fails to include a valid photo identification.

This bill would require an absentee election manager to notify an applicant if an absentee ballot application is deficient and send the applicant a provisional ballot along with instructions on how to remedy the deficiency.

This bill would authorize the Secretary of State to adopt rules.

A BILL TO BE ENTITLED AN ACT

Relating to absentee voting; to amend Sections 17-11-5, as last amended by Act 2019-507, 2019 Regular Session, and 17-11-9, Code of Alabama 1975; to require an absentee election manager to notify an applicant if an absentee ballot application is deficient and send the applicant a provisional ballot along with instructions on how to remedy the deficiency; and to authorize rulemaking.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 17-11-5, as last amended by Act 2019-507, 2019 Regular Session, and 17-11-9, Code of Alabama 1975, are amended to read as follows:

§17-11-5.

"(a)(1) Upon receipt of an application for an absentee ballot as provided in Section 17-11-3, if the applicant's name appears on the list of qualified voters produced from the state voter registration list in the election to be held, or if the applicant qualifies for a provisional absentee ballot, the absentee election manager shall furnish the absentee ballot to the applicant by: (1) Forwarding it by United States mail to the applicant's or voter's residence address or, upon written request of the voter, to the address where the voter regularly receives mail; or (2) by handing the absentee ballot to the applicant in person or, in the case of emergency voting when the applicant requires medical treatment, his or her designee in person. If the absentee election manager has reasonable cause to believe that the applicant has given a fraudulent address on the application for the absentee ballot, the absentee election manager shall turn over the ballot application to the district attorney for any action which may be necessary under this chapter. The absentee election manager may require additional proof of an applicant's eligibility to vote absentee when there is evidence of continuous absentee voting. The absentee election manager shall mail any absentee ballot requested to be mailed as provided in Section 17-11-3 no later than the next business day after an application has been received unless the absentee ballots have not been delivered to the absentee election manager. If the absentee ballots have not been so delivered, the absentee election manager shall hold all requests until the ballots are delivered and shall then respond by placing ballots in the mail no later than the next business day.

"(2)a. In the event an application received by U.S. mail or by common carrier is incomplete or the applicant did not submit a copy of a valid photo identification along with the application, the absentee election manager shall notify the applicant, not later than the next business day after receiving the deficient application by U.S. mail to the applicant's address indicated on the application, that the application is incomplete and include a clear explanation of how the application is deficient along with a new application and a provisional ballot in accordance with subsection (c) of Section 17-11-9.

"b. If, upon receiving the completed provisional ballot, the absentee election manager determines that the applicant has corrected the deficiency in the original application by either submitting a completed application or submitting a copy of a valid photo identification, as applicable, the absentee ballot manager shall verify the provisional ballot and count the ballot at the same time as other verified provisional ballots.

"c. The Secretary of State may adopt rules to implement this subdivision.

"(b) The official list of qualified voters shall be furnished to the absentee election manager by the judge of probate using a printout from the state voter registration list of registered voters for that county containing voter registration information useful in the identification of absentee voters. The information provided in this report shall be established by rules adopted by the Secretary of State with the advice of the Alabama Circuit Court Clerks Association or its members and shall indicate whether the individual is obligated to produce identification in accordance with Sections 17-9-30 and 17-10-1. The Secretary of State may further provide by administrative rule for electronic access to this list for optional use by the absentee election manager. This list shall be made available beginning at least 55 days before the election. In municipal elections, the official list of qualified voters shall be furnished to the absentee election manager at least 35 days before the election. Any supplemental list of qualified electors shall also be provided to the absentee election manager as soon as the list becomes available. The absentee election manager shall underscore on the list the name of each voter who has applied for an absentee ballot and shall write immediately beside his or her name the word "absentee." The Secretary of State by rule may provide for electronic access to the absentee election manager's county list of registered voters in lieu of the printed list and for the method of identifying applicants for absentee ballots in conjunction with the state voter registration list.

"(c)(1) The list of electors voting by absentee ballot shall remain confidential until the day following the election. The absentee election manager in all elections shall deliver to the board of registrars the day following the election, a copy of the list of all absentee voters, at which point the list is deemed a public record. The list shall be maintained in the office of the circuit clerk for 60 days after the election, at which time it shall be delivered to the judge of probate. Before the polls open at any election on election day, the absentee election manager shall effectuate the delivery to the election officers of each voting place a list showing the name and address of every person whose name appears on the official list of qualified electors for the voting place who applied for an absentee ballot in the election. The name of the person who applied for an absentee ballot shall be identified as an absentee voter on the list of qualified electors kept at the voting place, and the person shall not vote again, except that in county, state, and federal elections the person may vote a provisional ballot. Applications for absentee ballots are required for elections that are more than 42 days apart, except as to individuals voting pursuant to the federal Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff.

"(2) The absentee election manager shall redact any information required to be redacted pursuant to Section 17-4-33 from any copy of an absentee voter list. This subdivision shall not affect poll lists used at local precincts.

"(d) For individuals voting pursuant to the federal Uniformed and Overseas Absentee Voting Act, 42 U.S.C. 1973ff, the Secretary of State, by rule, shall prescribe use of standardized military and overseas voter registration applications and applications for absentee ballots adopted by the United States government. The Secretary of State shall also prescribe by rule provisions within the standard state application form for absentee voting which permit the voter to identify himself or herself as a military or overseas voter. Unless otherwise indicated by the military or overseas voter, an application for an absentee ballot by such a voter shall remain valid for any election for a federal, state, or county office or for any proposed constitutional amendment or a state or county referendum held through the end of the calendar year in which the application is filed, provided that if an election cycle begins one year and continues into the subsequent year, the application shall be valid for the whole election cycle. The absentee election manager shall provide an absentee ballot to the military and overseas voters for each such subsequent election. The absentee election manager, within seven days after each regularly scheduled general election for federal office, shall report the number of military and overseas ballots mailed out and the number of ballots received to the Secretary of State, who shall report this information to the Federal Election Assistance Commission within 90 days of each regularly scheduled general election for federal office.

§17-11-9.

"(a)(1) Each prospective absentee voter who meets the requirements of this chapter shall be furnished with the absentee ballot herein provided for, together with two envelopes for returning his or her marked ballot and instructions for completing and returning the absentee ballot as well as instructions for correcting mistakes in completing ballots or obtaining a replacement ballot. One envelope shall be a plain envelope in which the ballot shall be sealed by the voter after he or she has marked it.

"(2) The second envelope shall have the voter's affidavit printed on the back and shall be large enough to seal the plain ballot envelope inside. The second envelope shall also be a return mail envelope.

"(3) Such The return mail envelope shall be addressed on the front to the absentee election manager and shall be endorsed on the left-hand upper corner thereof as follows:

""Absent Voter's Ballot. State, County, Municipal, General, Primary, or Special Election (as the case may be) to be held on the ___ day of ____, 2__ From ______ (name of voter), precinct or districts _________, County of _______, Alabama."

"(b) After marking the ballot and subscribing the oath herein required, the voter shall seal his or her ballot in the plain envelope, place that plain envelope inside the affidavit envelope, complete the affidavit, have a notary public (or other officer authorized to acknowledge oaths) or two witnesses witness his or her signature to the affidavit, and forward it by United States mail to the absentee election manager or hand it to him or her in person.

"(c) Notwithstanding the other provisions of this section, the absentee election manager shall determine whether an applicant for an absentee ballot is obligated to produce identification in accordance with Sections 17-9-30 and 17-10-1 or subsection (b) of Section 17-11-5, or to reidentify in accordance with Chapter 4, or to provide a new ballot application in accordance with subsection (b) of Section 17-11-5. For absentee applicants required to produce identification or a new ballot application, a third envelope of different color and sufficient size to enclose the first and second envelopes shall be provided to the applicant along with instructions for including a proper form of identification or ballot application, as applicable, in accordance with Sections 17-9-30 and 17-10-1 or Section 17-11-5.

"(d) For absentee applicants required to reidentify because they do not appear in the voting place for which they seek to vote but do appear in another voting place within the state voter registration list, the absentee election manager shall provide to the voter a third envelope of different color and sufficient size to enclose the first and second envelopes along with a voter reidentification form, a provisional voter affirmation, and instructions in accordance with Section 17-10-2. Such ballot shall be treated as a provisional ballot and the term "Provisional" shall be marked on the second or affidavit envelope prior to transmitting the ballot to the voter. Applicants for an absentee ballot who do not appear on the state voter registration list shall not be entitled to an absentee ballot."

Section 2. This act shall become effective January 1, 2021, following its passage and approval by the Governor, or its otherwise becoming law.

Absentee Voting

Elections

Secretary of State

Elected Officials

Code Amended