SB200

By Senator McClendon

ENROLLED, An Act,

Relating to elections; to amend Section 17-4-2, Code of Alabama 1975, and to add Section 17-4-2.1 to the Code of Alabama 1975, to authorize the Secretary of State to implement a pilot program for the use of electronic poll books in lieu of printed lists of qualified voters.

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

§17-4-2.

"The board of registrars, when registration is closed before a primary, general, or special election, shall certify to the Secretary of State any additions, deletions, corrections, or changes to the state voter registration list. After Except as provided in Section 17-4-2.1, after registration has closed and within the 10-day period before an election, the judge of probate and municipal election officials shall prepare and print a report from the state voter registration list of the correct alphabetical lists of the qualified electors registered by precincts, districts, or subdivisions of a precinct where the precinct has been divided or subdivided, if not within a city or incorporated town, and by wards and other subdivisions, if within a city or incorporated town, and no others. An electronic archive in the database for the state voter registration list shall be recorded simultaneously with the printing of each county's list of qualified voters. Each printed list of qualified voters shall contain a printed certification generated by the state voter registration system establishing that the contents of the list are true and correct as of the specified time and date when it was printed. The judge of probate shall deliver or cause to be delivered to the inspectors in each precinct, each district, each ward, or each other subdivision one copy of the list of qualified electors printed for such box or voting place immediately preceding every general, primary, or special election, and the delivered list shall contain only the names of persons qualified to vote at such box or voting place; except, that for purposes of information only, there may be delivered to the inspectors lists prepared for other boxes or voting places. The list published in the newspaper before each primary election shall not be used as the poll list.

"Notwithstanding the foregoing, electronic access to the state voter registration list may be utilized in lieu of a printed list in accordance with administrative rules promulgated and implemented by the Secretary of State. The Secretary of State shall send any proposed new rule or amendment to an existing rule by certified mail to each county canvassing board at least 30 days prior to certification of the proposed rule or amendment pursuant to the Administrative Procedure Act.

"Both the board of registrars and the judge of probate shall keep a current copy of the qualified elector list for the county open and subject to public inspection."

Section 2. Section 17-4-2.1 is added to the Code of Alabama 1975, to read as follows:

(a) The Secretary of State may implement a pilot project for 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 participate in the project as provided herein. In addition, the Secretary of State and municipal governing bodies may implement a pilot project for 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) Participation in the electronic poll book pilot project shall be at the discretion of the Secretary of State but shall be available to any county where the county commission and the judge of probate have consented to participate.

(c) After the Secretary of State has accepted a county or municipality into the electronic poll book pilot project, the county or municipality may implement electronic poll books in lieu of printed lists of qualified voters and paper poll lists. A participating county or municipality may adopt the use of any electronic poll book that has been certified by the Secretary of State for use in this state.

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

(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 by the Secretary of State by rule pursuant to the Administrative Procedure Act.

(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.

(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.

(g) All expenses and costs incurred by the state or any county commission in carrying out the responsibilities and duties required in this section shall be paid by the State of Alabama. All costs associated with this section shall be drawn 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.

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

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

Judge, Probate

Board of Registrars

Secretary of State

Voters and Voting

Voter Registration

Code Added

Code Amended