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HB541 ENGROSSED
Page 0
HB541
TBYPQ99-2
By Representatives Yarbrough, Stadthagen, Butler, Myrex,
Harrison, Kiel, Underwood, Hammett, Whorton, Treadaway,
Pettus, Rehm, Paschal, Mooney, Ledbetter, Carns, Stringer
RFD: Ethics and Campaign Finance
First Read: 03-Mar-26
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HB541 Engrossed
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First Read: 03-Mar-26
A BILL
TO BE ENTITLED
AN ACT
Relating to primary elections; to establish the
Safeguard Alabama Voter Engagement (SAVE) Act; to require
electors to register their party affiliation in order to vote
in primary elections and to provide for deadlines to register
party affiliation; to amend Sections 17-13-1 and 17-13-7,
Code of Alabama 1975, to prohibit electors registered with a
political party from voting a different political party ballot
at a primary election or primary runoff election; to require
the Secretary of State to retain certain voter history
information as a public record; to amend Section 17-3-52, Code
of Alabama 1975, to require the Secretary of State to revise
the voter application form to allow for party registration; to
repeal Section 17-13-7.1, Code of Alabama 1975, which
prohibits crossover voting between a primary election and
subsequent primary runoff election; to amend Section 17-13-47,
Code of Alabama 1975, to require political parties to publish
qualifications for candidates on the websites of the political
parties; and to make nonsubstantive, technical revisions to
update the existing code language to current
style.
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style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) This section shall be known and may be
cited as the Safeguard Alabama Voter Engagement (SAVE) Act.
(b)(1) On and after January 1, 2027, a qualified
elector shall register his or her political party affiliation
before the elector may vote in any countywide or statewide
primary or primary runoff election. A qualified elector may
register his or her party affiliation through the Secretary of
State's website or with the board of registrars, or at the
voting precinct of the elector on the day of any countywide or
statewide primary or primary runoff election. An elector who
has not registered a political party affiliation shall be
considered unaffiliated for purposes of Title 17, Code of
Alabama 1975. Notwithstanding Section 17-3-50, Code of Alabama
1975, an unaffiliated elector may register a political party
affiliation at any time, including during the 14-day period
before an election.
(2) If an elector chooses to register party affiliation
at a voting precinct on primary election day or primary runoff
election day, the act of requesting the ballot of a specific
political party shall constitute party registration, and no
additional action shall be required of the elector.
(3) A qualified elector who has already registered his
or her political party affiliation may not change his or her
political party affiliation to a different political party
during the period beginning 60 days prior to a primary
election through the day of the corresponding general
election.
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election.
(c) An elector who has registered a political party
affiliation may change his or her status to unaffiliated at
any time, provided the elector may not subsequently register
with a different political party during the blackout period
described in subdivision (b)(3).
(d) Nothing in this section shall be construed to
prohibit any state executive committee of a political party
from establishing the qualifications of individuals desiring
to become candidates for nomination to offices at a primary
election.
(e)(1) Beginning on and after July 1, 2027, signs shall
be posted at each polling place at a primary election and
primary runoff election that contains the following notice:
"By voting in this primary election, you have
registered your affiliation with a particular political party.
State law prohibits you from changing your political party
affiliation to a different political party until after the
general election. In the future, you may not change your party
affiliation within the 60-day period before any primary
election."
(2) A sign shall be posted in a clearly visible
location near the entrance of the polling place, and may be
posted in other conspicuous locations within a polling place,
as determined by the Secretary of State, by rule.
(f) The Secretary of State shall retain the following
voter history information for purposes of Section 17-4-38,
Code of Alabama 1975 for each voter:
(1) The party ballot requested in each primary and
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(1) The party ballot requested in each primary and
primary runoff election held between January 1, 2017 and
January 1, 2027; and
(2) The party affiliation registered pursuant to this
section for the entire period of time the voter remains on the
voter registration list.
(g) Absentee ballot managers shall not be responsible
for registering a voter's political party affiliation.
Notwithstanding subsection (b), an absentee election manager
shall reject an application for an absentee ballot for a
primary election unless the absentee election manager
affirmatively confirms that the applicant has already
registered his or her political party affiliation.
(h) The Secretary of State shall adopt rules to
implement this section.
Section 2. Sections 17-3-52, 17-13-1, 17-13-7, and
17-13-47, Code of Alabama 1975, are amended to read as
follows:
"§17-3-52
(a) The board of registrars shall have power to
examine, under oath or affirmation, all applicants for
registration, and to may take testimony touching the
qualifications of such applicants, but no applicant shall be
required to answer any question, written or oral, not related
to his or her qualifications to register.
(b)(1) In order to aid the registrars to judicially
determine if applicants to register have the qualifications to
register to vote, each applicant shall be furnished by the
board a written application, which shall be uniform in all
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board a written application, which shall be uniform in all
cases with no discrimination as between applicants ., the The
form and contents of which the application shall be
promulgated adopted, by rule , by the Secretary of State of the
State of Alabama . The application shall be so worded that
there will be placed before the registrars information
necessary or proper to aid them the registrars to pass upon
the qualifications of each applicant. The application shall be
completed in writing. There shall be incorporated in such
application an oath to support and defend the Constitution of
the United States and the Constitution of the State of Alabama
of 1901 2022 and a statement in such oath by the applicant
disavowing belief in or affiliation with any group or party
which advocates the overthrow of the government of the United
States or the State of Alabama by unlawful means. The
application and oath shall be duly signed by the applicant.
(2)a. On and after July 1, 2027, the application shall
include a provision that requires the applicant to choose his
or her political party affiliation as a Democrat or Republican
or as a member of any other political party authorized to hold
primary elections, or to remain unaffiliated. If an applicant
fails to choose one of these options, the applicant shall be
considered unaffiliated for purposes of this title.
b. The application shall also include a notice
generally stating that once registered, a voter may not change
his or her political party affiliation to another political
party during the period 60 days preceding a primary election
through the corresponding general election day, but that a
voter may become unaffiliated from any political party at any
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voter may become unaffiliated from any political party at any
time. Moreover, a voter who remains unaffiliated, may later
register a political party affiliation.
(c) If the applicant is unable to read or write, then
the applicant shall be exempt from the above stated
requirements in subsection (b) which the applicant is unable
to meet and in such cases , a witness shall read to the
applicant the application and oath , herein provided for and
the applicant's answers thereto shall be written down by the
witness, and the applicant shall be registered as a voter if
he or she meets all other requirements herein set out in this
section .
(d) Each member of the board is authorized to
administer the oaths to be taken by applicants and witnesses.
(e) Except as provided in Section 17-3-53, the
applications of persons individuals applying for registration
shall not become public records as public records are defined
under the laws of the State of Alabama , nor shall the board
disclose the information contained in such applications and
written answers, except with the written consent of the person
individual who filed the answer or pursuant to the order of a
court of competent jurisdiction in a proper proceeding."
"§17-13-1
A primary election, including a separate and special
presidential preference primary election, within the meaning
of this chapter, is an election held by the qualified voters
who are registered members of any political party, for the
purpose of nominating a candidate or candidates for public or
party office."
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party office."
"§17-13-7
(a) All persons individuals who are qualified electors
under the general laws of the State of Alabama and who are
also registered members of a political party and entitled to
participate in such primary election under the rules of the
party shall be entitled to vote therein in a primary election
or primary runoff election and shall receive the official
primary ballot of that political party for which he or she is
registered pursuant to Section 1. , and no other; but every
governing body of a party shall have the right, power, and
authority to fix and prescribe the political or other
qualifications of its own members and shall, in its own way,
declare and determine who shall be entitled and qualified to
vote in such primary election or to be candidates therein or
to otherwise participate in such political parties and
primaries. The qualifications of electors entitled to vote in
such primary election shall not necessarily be the same as the
qualifications for electors entitled to become candidates
therein. Nothing herein contained shall be so construed as to
prohibit any state executive committee of a party from fixing
such qualifications as it may deem necessary for persons
desiring to become candidates for nomination to offices at a
primary election.
(b) A political party may require all poll lists for
primary elections to state at the top thereof that by
participating in the primary election a voter shall indicate a
preference for the party holding the primary, and will support
the nominees of that party in the general election, and that
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the nominees of that party in the general election, and that
he or she is qualified under the rules of such party to vote
in its primary election.
(b) No person individual shall be eligible to
participate in the primary election or primary runoff election
unless he or she signs the poll list and thereby certifies to
the truth of the statement has registered his or her
affiliation pursuant to Section 1 with a political party
participating in that primary election or primary runoff
election ."
"§17-13-47
(a) The governing body of a political party may fix
assessments upon those able to pay, or other qualifications as
it may deem necessary, for persons individuals desiring to
become candidates for nomination to offices at a primary
election, but such assessments shall not exceed two percent of
one year's salary of the office sought and, for an
unremunerative or party county office or an unremunerative or
party office to be filled by a vote of a subdivision greater
than one county, it shall not exceed fifty dollars ($50) or
one hundred fifty dollars ($150) for an unremunerative or
party office to be filled by a vote of the entire state.
(b) The governing body of each political party shall
publish on its official website the qualifications set by the
governing body for candidates seeking nomination to offices of
that political party. "
Section 3. Section 17-13-7.1, Code of Alabama 1975,
prohibiting crossover voting between a primary election and
subsequent primary runoff election, is repealed.
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subsequent primary runoff election, is repealed.
Section 4. This act shall become effective on January
1, 2027.
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1, 2027.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Ethics and Campaign
Finance
................03-Mar-26
Read for the second time and placed
on the calendar:
0 amendments
................17-Mar-26
Read for the third time and passed
as amended
Yeas 63
Nays 35
Abstains 4
................19-Mar-26
John Treadwell
Clerk
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