HB237 By Representatives Givan, Knight, Daniels, Warren, Forte, England, McClammy, Jackson, Melton, Buskey, Bracy and Boyd RFD Constitution, Campaigns and Elections Rd 1 16-FEB-16

SYNOPSIS: Under Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a citizen loses the right to vote if convicted of a "felony involving moral turpitude."

This bill would provide a definition of moral turpitude for purposes of disqualifying otherwise eligible citizens from voting.

A BILL TO BE ENTITLED AN ACT

Relating to voting rights; to amend Section 15-22-36.1, Code of Alabama 1975; to add Section 17-3-30.1 to the Code of Alabama 1975; and to provide a definition of moral turpitude that lists the crimes that disqualify otherwise eligible citizens from voting.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 15-22-36.1, Code of Alabama 1975, is amended to read as follows:

§15-22-36.1.

"(a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met:

"(1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g) of a crime listed in Section 17-3-30.1.

"(2) The person has no criminal felony charges pending against him or her in any state or federal court.

"(3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court.

"(4) Any of the following are true:

"a. The person has been released upon completion of sentence.

"b. The person has been pardoned.

"c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity.

"(b) The Certificate of Eligibility to Register to Vote shall be granted upon a determination that all of the requirements in subsection (a) are fulfilled.

"(c) Upon receipt of an application under this section, investigation of the request shall be assigned forthwith to an officer of the state Board of Pardons and Paroles. The assigned officer shall verify, through court records, records of the board, and records of the Department of Corrections, that the applicant has met the qualifications set out in subsection (a). The officer shall draft a report of his or her findings and make a recommendation concerning whether the offender has successfully completed his or her sentence and has complied with all the eligibility requirements provided in subsection (a).

"(d) After completing the investigation set out in subsection (c), the officer shall submit his or her report of investigation and recommendation to the Executive Director of the Board of Pardons and Paroles, who shall refer the report and recommendation to a senior staff member to determine whether the applicant has met the qualifications set out in subsection (a).

"(e) Upon the senior staff member's completion of his or her review of the report and recommendation and a determination that all eligibility requirements of subsection (a) have been met, he or she shall file a report with the Executive Director of the Board of Pardons and Paroles stating whether or not all of the criteria for obtaining a Certificate of Eligibility to Register to Vote have been met. Within 45 days of the date of the initial application for a certificate under this section, the executive director shall make the reports and recommendations available to the members of the board for review and if, within five days, no objection is made by a board member on the basis that the criteria set out in subsection (a) have not been met, the executive director shall issue a Certificate of Eligibility to Register to Vote to the applicant; provided, however, that the 45-day requirement in this sentence shall not apply for the first 90 days following September 25, 2003. Upon determination by the senior staff member that any of the criteria have not been met, the applicant shall be notified of the reasons the Certificate of Eligibility to Register to Vote will not be issued and that upon satisfaction of all outstanding requirements, a new request may be submitted by the applicant.

"(f) In the event a board member objects to the issuance of a Certificate of Eligibility to Register to Vote on the basis that the criteria set out in subsection (a) have not been met, the matter shall be referred to the next hearing docket of the board, without regard to any other provision of law affecting the setting of a hearing date, for the board to determine whether the applicant has met the criteria established by subsection (a). In the event the board determines, by a majority vote, that the criteria have been met, the executive director shall forthwith issue a Certificate of Eligibility to Register to Vote to the applicant. Upon a determination by the board that the criteria have not been met, the applicant shall be notified of the reasons the Certificate of Eligibility to Register to Vote will not be issued, and that upon satisfaction of all outstanding requirements, a new application may be submitted by the applicant.

"(g) A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason.

"(h) (g) This section shall not affect the right of any person to apply to the board for a pardon with restoration of voting rights pursuant to Section 15-22-36."

Section 2. Section 17-3-30.1 is added to the Code of Alabama 1975, to read as follows:

§17-3-30.1.

(a) The Legislature finds that:

(1) Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, provides that Alabama citizens shall lose the right to vote because of a criminal conviction only if the conviction was for a "felony involving moral turpitude."

(2) Under current Alabama felony disenfranchisement law, there is no comprehensive list of disqualifying felonies. Neither individuals with felony convictions, nor elections officials, have any authoritative source for determining which convictions result in disenfranchisement.

(3) In the absence of an authoritative list of disqualifying offenses, many eligible Alabama citizens have been unlawfully excluded from the franchise. It is now widely documented that many county registrars have denied voting rights to all otherwise eligible voters with a felony conviction, whether or not the conviction involved moral turpitude.

(4) In 2006, the Circuit Court of Jefferson County, Alabama, ruled that Alabama's practices violate the United States Constitution as well as the Alabama Constitution by relying on a vague standard for denying voting rights. The circuit court called on the Legislature to remedy those violations by precisely defining which crimes disqualify otherwise eligible citizens from voting.

(b) The purposes of this section are:

(1) To give full effect to Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

(2) To remedy ongoing constitutional violations under current law.

(3) To ensure that no one is wrongfully excluded from the franchise.

(c) For purposes of Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a person is disqualified to vote by reason of conviction of a "felony involving moral turpitude" if he or she is convicted of any of the following in a degree constituting a felony: Bribery, perjury, forgery, or other high crime or misdemeanor, defined as treason or abuse of public office.

Section 3. 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

Crimes and Offenses

Felonies

Code Added

Code Amended