Elections; voting rights restoration process revised; Alabama Voting Rights Act Commission established to prevent discrimination in voting; duties and membership provided; Secretary of State required to establish database on election administration

SB290 INTRODUCED
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SB290
4UKVG33-1
By Senators Stewart, Hatcher, Smitherman, Coleman-Madison,
Figures, Beasley, Coleman, Singleton
RFD: Judiciary
First Read: 10-Feb-26
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4UKVG33-1 02/10/2026 JWB (L)JWB 2026-694
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First Read: 10-Feb-26
SYNOPSIS:
Under existing law, individuals convicted of a
crime of moral turpitude lose their voting rights and
must apply to have their rights restored upon meeting
certain criteria once their sentence has ended.
This bill would provide for automatic
restoration of voting rights in certain circumstances.
Under existing law, an elector may only vote by
absentee if he or she meets certain qualifications.
This bill would eliminate the qualifications
that allow for absentee voting.
This bill would specify the process for voting
by absentee ballot.
Under existing law, an elector may only vote
in-person on election day or by absentee ballot.
This bill would authorize electors to vote
during an advance voting period before any election.
This bill would require the advance voting
polling places to be open for voting during certain
hours and certain dates during the advance voting
period.
This bill would establish the Alabama Voting
Rights Act and the Alabama Voting Rights Commission and
would provide for the selection of its membership.
This bill would require the Alabama Voting
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This bill would require the Alabama Voting
Rights Commission to review certain actions that occur
within the state that could potentially discriminate
against protected classes of voters.
This bill would require the commission to
preclear certain official actions taken in relation to
elections.
This bill would also require the Secretary of
State to maintain a statewide database to assist in the
administration of elections and to publicize certain
information relating to voting.
A BILL
TO BE ENTITLED
AN ACT
Relating to elections; to amend Sections 15-22-36.1,
17-3-31, 17-3-50, 17-11-3, 17-11-4, 17-11-5, 17-11-9, and
17-11-10, Code of Alabama 1975; to revise the process for
reinstating voting rights of individuals who have lost those
rights; to revise the absentee voting process; to authorize
any elector to vote absentee; to add Section 17-9-6.1 to the
Code of Alabama 1975; to authorize advance voting before
election day; to require advance voting polling places to be
open on certain days and at certain times; to establish the
Alabama Voting Rights Act and the Alabama Voting Rights
Commission; to provide for the duties and membership of the
commission; and to require the Secretary of State to maintain
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commission; and to require the Secretary of State to maintain
a statewide database relating to election administration and
to publicize certain election information.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-22-36.1, 17-3-31, 17-11-3,
17-3-50, 17-11-4, 17-11-5, 17-11-9, and 17-11-10, Code of
Alabama 1975, are amended to read as follows:
"§15-22-36.1
(a)(1) Any other provision of law notwithstanding, any
person an individual who has lost his or her right to vote by
reason of conviction of a felony in a state, federal, or
foreign court, except for an individual convicted of treason
or impeachment , 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 shall
automatically have his or her right to vote restored 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).
(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 at the
time of sentencing on disqualifying cases.
(4) Any of the following are true:
a. The person individual has been released upon
completion of his or her sentence .;
b. The person individual has been pardoned .; or
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b. The person individual has been pardoned .; or
c. The person individual has successfully completed
probation or parole and has been released from compliance by
the ordering entity.
(2) Any individual who has met all conditions of his or
her probation or parole except for the payment of court costs,
fines, restitution, or fees, shall be deemed to have
successfully completed probation or parole for the purpose of
having his or her right to vote restored.
(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). Within 30 days of the initial application for
a Certificate of Eligibility to Register to Vote, the officer
shall draft a report of his or her findings including a
statement as to whether the applicant 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 to the Executive Director of the Board of
Pardons and Paroles.
(e) If the report created pursuant to subsection (c)
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(e) If the report created pursuant to subsection (c)
states that the applicant has met all of the eligibility
criteria set forth in subsection (a), and the executive
director or his or her designee attests that the report has
been submitted properly and accurately, the Board of Pardons
and Paroles shall issue a Certificate of Eligibility to
Register to Vote to the applicant within 14 days of receipt of
the report by the executive director.
(f) If the report created pursuant to subsection (c)
states that the applicant has not met all of the eligibility
criteria set forth in subsection (a), and the executive
director or his or her designee attests that the report has
been submitted properly and accurately, the Board of Pardons
and Paroles shall not issue a Certificate of Eligibility to
Register to Vote and shall notify the applicant of the
decision and reason or reasons for the decision within 14 days
of receipt of the report by the executive director. The
applicant, upon completion of the eligibility requirement in
subsection (a) for restoration of his or her rights, may
submit a new application at any time if he or she has met the
certification criteria.
(g)(b) A person An individual who has lost his or her
right to vote by reason of conviction in a state , or federal ,
or foreign 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
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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 or
impeachment shall not have his or her right to vote restored .
(h)(c) 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.
(i)(d) Each state or county correctional facility,
prison, or jail shall post materials to be prepared by the
Secretary of State and the Board of Pardons and Paroles
notifying incarcerated individuals of the requirements and
procedures for having one's right to have their voting rights
restored."
"§17-3-31
(a) Any person individual who is disqualified by reason
of conviction of any of the offenses mentioned in Section
17-3-30.1 as a felony involving moral turpitude for the
purposes of Section 177 Article VIII of the Constitution of
Alabama of 19012022, except treason andor impeachment, whether
the conviction was had in a state or, federal , or foreign
court, and who has been pardoned, may be restored to
citizenship with the right to vote by the State Board of
Pardons and Paroles when specifically expressed in the pardon.
If otherwise qualified, such person the individual shall be
permitted to register or reregister as an elector upon
submission of a copy of the pardon document to the board of
registrars of the county of his or her residence.
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registrars of the county of his or her residence.
(b) In addition, any person Any individual who has been
granted a Certificate of Eligibility to Register to Vote by
the Board of Pardons and Paroles pursuant to Section
15-22-36.1 was registered to vote at any time prior to losing
his or her right to vote by reason of a conviction in a state,
federal, or foreign court and has met any of the criteria set
forth in Section 15-22-36.1(a) , shall be permitted to register
or reregister as an elector upon submission of a copy of the
certificate to the board of registrars of the county of his or
her residence eligible to vote ."
"§17-3-50
The boards of registrars in the several counties of the
state shall not register any person individual as a qualified
elector within 14 days prior to any election; provided, that
the boards shall maintain open offices during business days in
such 14-day period and on election day during the hours of
voting up to and including the day of an election ."
"§17-11-3
(a) Any qualified elector of this state may apply for
and vote an absentee ballot by mail, by hand delivery, or by
commercial carrier, as determined , by rule , by the Secretary
of State, as provided in Sections 17-11-5 and 17-11-9, in any
primary, general, special, or municipal election, if he or she
makes application in writing and meets one or more of the
following requirements:
(1) The person expects to be out of the county or the
state, or the municipality for municipal elections, on
election day.
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election day.
(2) The person has any physical illness or infirmity
which prevents his or her attendance at the polls, whether he
or she is within or without the county on the day of the
election.
(3) The person expects to work a shift which has at
least 10 hours which coincide with the hours the polls are
open at his or her regular polling place.
(4) The person is enrolled as a student at an
educational institution located outside the county of his or
her personal residence, attendance at which prevents his or
her attendance at the polls.
(5) The person is a member of, or spouse or dependent
of a member of, the Armed Forces of the United States or is
similarly qualified to vote absentee pursuant to the federal
Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.
§§ 20301-20311.
(6) The person has been appointed as an election
officer or named as a poll watcher at a polling place other
than his or her regular polling place.
(7) The person is a caregiver for a family member to
the second degree of kinship by affinity or consanguinity and
the family member is confined to his or her home.
(8) The person is incarcerated in prison or jail and
has not been convicted of a felony involving moral turpitude,
as provided in Section 17-3-30.1 on a form prescribed by the
Secretary of State .
(b) Applications returned by mail must be received not
less than seven days prior to the election. Applications
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less than seven days prior to the election. Applications
returned by hand must be received not less than five days
prior to the election.
(c) An applicant for an absentee ballot who is a member
of the Armed Forces of the United States, including the
Alabama National Guard, the United States Naval
Reserves Reserve , the United States Air Force Reserves Reserve ,
and the United States Army Reserve on active duty or active
duty for training or an applicant who is the spouse of any
member of the armed forces or any other applicant qualified to
vote absentee pursuant to the federal Uniformed and Overseas
Citizens Absentee Voting Act, 52 U.S.C. §§ 20301-20311, may
make application for an absentee ballot by filling out the
federal postcard application form, authorized and provided for
under the provisions of The Federal Voting Assistance Act of
1955, Public Law 296, Chapter 656, H.R. 4048, approved August
9, 1955, 84th Congress 1st Session.
(d) Any registered elector who requires emergency
treatment of a licensed physician within five days of an
election may apply for an emergency absentee ballot for the
election and may vote by returning the absentee ballot no
later than noon on the day the election is held. The attendant
physician shall describe and certify the circumstances as
constituting an emergency on a special form designed by the
Secretary of State and provided by his or her office to local
absentee election managers. The special form shall be attached
to the application.
(e)(1) Any registered elector whose name appears on the
poll list of qualified voters may vote by an emergency
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poll list of qualified voters may vote by an emergency
absentee ballot if any of the following situations arise:
a. The elector is required by his or her employer under
unforeseen circumstances within five days before an election
to be unavailable to vote at the polls on election day.
b. The elector is a caregiver of a person who requires
emergency treatment by a licensed physician within five days
before an election.
c. A family member to the second degree of kinship by
affinity or consanguinity of an elector dies within five days
before an election.
(2) Under such circumstances, the elector shall apply
for an emergency absentee ballot at the office of the absentee
election manager no later than the close of the business day
one day prior to the election. The applicant shall complete
and file an application form designed by the Secretary of
State for emergency absentee voters. The form shall contain an
affidavit which the applicant shall sign or swear
acknowledging that he or she was not aware of the situation
constituting the emergency prior to five days before the
election. An applicant who meets the requirements of this
subsection may vote by an emergency absentee ballot. After
voting the ballot, the voter shall hand the ballot to the
absentee election manager.
(f) If the occurrence of a state of emergency as
declared in this or any other state, or by the federal
government, renders substantial compliance with this article
impossible or unreasonable for a group of qualified voters who
respond to the emergency, the Secretary of State, pursuant to
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respond to the emergency, the Secretary of State, pursuant to
Section 41-22-5, may adopt an emergency rule to allow those
qualified voters to vote by absentee ballot. Notwithstanding
any other laws to the contrary, all expenses and costs
incurred by the state or any county in carrying out the
responsibilities and duties included in an emergency rule
adopted pursuant to this subsection shall be paid by the State
of Alabama from any funds made available for election expenses
under state and federal law.
(g)(d) Notwithstanding any other provision of otherwise
applicable law, in the event more than one absentee ballot is
cast in the name of the single voter, whether any multiple
ballot is cast by mail or otherwise, none of the affidavit
envelopes containing the multiple ballots shall be opened, and
none of the multiple ballots shall be counted, except in the
event of an election contest, upon the order of the election
contest tribunal. Upon the conclusion of an election contest
or, in the event no contest is filed, upon the expiration of
time for filing a contest, the multiple ballots shall be
provided to the district attorney, with photocopies provided
to the state Attorney General, for the investigation,
prosecution, or other action as may be appropriate under
applicable law."
"§17-11-4
(a) The application required in Section 17-11-3 shall
be in a form prescribed and designed by the Secretary of State
and shall be used throughout the state. The application form
shall contain and require all of the following:
(1) That the applicant submit sufficient information to
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(1) That the applicant submit sufficient information to
identify the applicant.
(2) The applicant's name, residence address, and such
other information as necessary to verify that the applicant is
a registered voter.
(3) A list of all felonies of moral turpitude, as
provided in Section 17-3-30.1, and a requirement that the
applicant declare that he or she is not barred from voting
because of a disqualifying felony conviction or, if the
applicant was convicted of a disqualifying felony, that the
applicant's right to vote has been restored.
(4) An explanation of penalties for violations of this
section.
(b)(1) Any applicant may receive assistance in filling
out the application as he or she desires, but each application
shall be manually signed by the applicant, under penalty of
perjury, and if he or she signs by mark, the application shall
also include the name of the witness and the witness's
signature.
(2) It shall be unlawful for any person to knowingly
distribute an absentee ballot application to a voter which is
prefilled with the voter's name or any other information
required on the application form.
(c)(1) Completed applications may be submitted to the
absentee election manager in any of the following ways, as
further provided by rule of the Secretary of State:
a. The applicant delivering the application in person.
b. The applicant mailing the application by U.S. mail.
c. The applicant sending the application by commercial
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c. The applicant sending the application by commercial
carrier.
d. The applicant's designee delivering the application
in person.
e. The applicant's designee mailing the application by
U.S. mail or commercial carrier.
(2) The Secretary of State shall provide applications
for absentee voting to military and overseas voters pursuant
to Section 17-4-35(14). Except in situations governed by
Section 17-11-3(f), it shall be unlawful for an individual to
submit a completed absentee ballot application to the absentee
election manager other than his or her own application, except
that an application for a voter who requires emergency
treatment by a licensed physician within five days before an
election pursuant to Section 17-11-3 may be submitted to the
absentee election manager by an individual designated by the
applicant.
(d)(1) Except in situations governed by Section
17-11-3(f), it shall be unlawful for a third party to
knowingly receive a payment or gift for distributing,
ordering, requesting, collecting, completing, prefilling,
obtaining, or delivering a voter's absentee ballot
application. Any person who violates this subdivision shall be
guilty of a Class C felony.
(2) Except in situations governed by Section
17-11-3(f), it shall be unlawful for a person to knowingly pay
or provide a gift to a third party to distribute, order,
request, collect, prefill, complete, obtain, or deliver a
voter's absentee ballot application. Any person who violates
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voter's absentee ballot application. Any person who violates
this subdivision shall be guilty of a Class B felony.
(e) Any voter who requires assistance to vote by reason
of blindness, disability, or inability to read or write may be
given assistance by an individual of the voter's choice, other
than the voter's employer or agent of that employer or officer
or agent of the voter's union.
(f) Voters voting by absentee ballot through the
Uniformed and Overseas Citizens Absentee Voting Act are not
subject to this section. The Secretary of State shall provide
applications for absentee voting to military and overseas
voters in accordance with Section 17-4-35. "
"§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 (i) 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)(ii) by handing
the absentee ballot to the applicant in person or , in the case
of emergency voting when the applicant requires medical
treatment, to his or her designee in person.
(2) 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
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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 article. The absentee election manager
may require additional proof of an applicant's eligibility to
vote absentee when there is evidence of continuous absentee
voting.
(3) 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.
(b)(1) 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.
(2) 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
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further provide by administrative rule for electronic access
to this list for optional use by the absentee election
manager.
(3) ThisThe 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.
(4) 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.
(2) Before the polls open at any election on election
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(2) 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 individual 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 individual 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 individual shall not vote again, except that in
county, state, and federal elections the person individual 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 Citizens Absentee Voting Act, 42 U.S.C.
1973ff 52 U.S.C. §§ 20301-20311 .
(2)(3) 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)(1) For individuals voting pursuant to the federal
Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
1973ff 52 U.S.C. §§ 20301-20311 , 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
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within the standard state application form for absentee voting
which permit the voter to identify himself or herself as a
military or overseas voter.
(2) 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.
(3) 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 article shall be furnished with the
absentee ballot herein provided for , together with twothree
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.
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ballots or obtaining a replacement ballot.
(2) OneThe first envelope shall be a plainsecrecy
envelope in which the ballot shall be sealed by the voter
after he or she has marked it.
(3) The second envelope shall be an affidavit envelope.
The envelope shall have the voter's affidavit printed on the
back and shall be large enough to seal the plain ballot
envelope inside .
(4) The second third envelope shall also be a return
mail envelope.
SuchThe 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)(1) After marking the ballot and subscribing to the
oath herein required , the voter shall : (i) seal his or her
ballot in the plainsecrecy envelope ,; (ii) place that plain the
secrecy envelope inside the affidavit envelope ,; (iii)
complete the affidavit , and 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 ;
(iv) place the affidavit envelope inside the return mail
envelope; and (v) hand deliver the return mail envelope to the
absentee election manager or send the return mail envelope by
United States mail or by commercial carrier to the absentee
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United States mail or by commercial carrier to the absentee
election manager or hand it to him or her in person .
(2) A voter, or the designee of a voter, who is
disabled, blind, or unable to read or write may hand deliver
the return mail envelope to the absentee election manager or
send the return mail envelope by United States mail or by
commercial carrier. For purposes of this subdivision, a
"disabled voter" means an individual who is temporarily or
permanently physically incapacitated and unable to vote by
absentee ballot without assistance.
(c)(1) 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 reidentify in accordance with Chapter 4. For absentee
applicants required to produce identification, a third an
additional envelope of different color and sufficient size to
enclose the first and second secrecy and affidavit envelopes
shall be provided to the applicant along with instructions for
including a proper form of identification in accordance with
Sections 17-9-30 and 17-10-1.
(2) 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 an additional envelope of
different color and sufficient size to enclose the first and
second secrecy and affidavit envelopes along with a voter
reidentification form, a provisional voter affirmation, and
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reidentification form, a provisional voter affirmation, and
instructions in accordance with Section 17-10-2. SuchThe
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.
(3) Applicants for an absentee ballot who do not appear
on the state voter registration list shall not be entitled to
an absentee ballot."
"§17-11-10
(a)(1) Upon receipt of the absentee ballot, the
absentee election manager shall record itsthe receipt on the
absentee list as provided in Section 17-11-5 , shall examine
the affidavit envelope and determine if it contains a defect
that would prohibit a poll worker or other election official
from removing or counting the ballot under subdivision (b)(2),
and shall safely keep the ballot without breaking the seal of
the affidavit envelope.
(2) For any absentee ballot received three or more
business days preceding an election, the absentee election
manager, within two business days of receipt of the absentee
ballot, shall notify the elector of each defect with his or
her absentee ballot, provide instructions on how to cure the
defect, and notify the elector that he or she has until the
last business day before the election to cure the defect.
(3) The absentee election manager shall allow an
elector to cure any of the following defects:
a. The elector did not sign the affidavit.
b. The address provided on the affidavit does not match
the address on the absentee ballot application.
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the address on the absentee ballot application.
c. The order of envelopes is incorrect.
d. The affidavit is not properly witnessed or
notarized.
(4) The Secretary of State shall adopt rules to
implement this subsection.
(b)(1) The absentee election manager, beginning at 7:00
a.m. on the day of the election, shall deliver the sealed
affidavit envelopes containing absentee ballots to the
election officials provided for in Section 17-11-11. The
election officials shall then call the name of each voter
casting an absentee ballot with poll watchers present as may
be provided under the laws of Alabama and shall examine each
affidavit envelope to determine if the signature of the voter
has been appropriately witnessed. If the witnessing of the
signature and the information in the affidavit establish that
the voter is entitled to vote by absentee ballot, then the
election officials shall certify the findings, open each
affidavit envelope, and deposit the plain envelope containing
the absentee ballot into a sealed ballot box.
(2)a. No poll worker or other election official shall
open an affidavit envelope if the envelope indicates the
ballot is an unverified provisional ballot or the affidavit is
unsigned by the voter or unmarked, and no ballot envelope or
ballot may be removed or counted.
b. No poll worker or other election official shall open
an affidavit envelope if the voter's affidavit signature or
mark is not witnessed by the signatures of two witnesses or a
notary public, or other officer, including a military
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notary public, or other officer, including a military
commissioned officer, authorized to acknowledge oaths, and no
ballot envelope or ballot may be removed or counted. The
provision for witnessing of the voter's affidavit signature or
mark in Section 17-11-7 goes to the integrity and sanctity of
the ballot and election.
c. No court or other election tribunal shall allow the
counting of an absentee ballot with respect to which the
voter's affidavit signature or mark is not witnessed by the
signatures of two witnesses 18 years of age or older or a
notary public, or other officer, including a military
commissioned officer, authorized to acknowledge oaths, prior
to being delivered or mailed to the absentee election manager.
(3) Upon closing of the polls, the absentee ballots
shall be counted and otherwise handled in all respects as if
the absentee voter were present and voting in person. Precinct
ballot counters may be used to count absentee ballots.
Absentee election officials are to be appointed and trained in
the same manner as prescribed for regular election officials.
The number of absentee election officials shall be determined
by the number of precinct counters provided. The county
commission may provide more than one precinct ballot counter
based upon the recommendation of the absentee election
manager. Beginning not earlier than 7:00 a.m. on election day,
the absentee election officials shall perform the duties
prescribed in Section 17-11-11.
(4) As regards For municipalities with populations of
less than 10,000, in the case of municipal elections held at a
time different from a primary or general election, the return
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time different from a primary or general election, the return
mail envelopes containing the ballots shall be delivered to
the election official of the precinct of the respective
voters, unless the city or town having a population of less
than 10,000 inhabitants has established, by permanent
ordinance adopted six months prior to the municipal election,
a procedure for the appointment of absentee election officials
pursuant to subsection (c) of Section 11-46-27 (c).
(c)(1) Absentee ballots cast in a second primary
election for federal, state, or county office by individuals
voting pursuant to the federal Uniformed and Overseas Citizens
Absentee Voting Act, 52 U.S.C. §§ 20301-20311, and received
after noon on the day of the second primary election, shall be
opened and counted at the same time as the verified
provisional ballots. At noon seven days after the second
primary election, the absentee election manager shall deliver
the sealed affidavit envelopes containing absentee ballots to
the officials provided for in subsection (f) of Section
17-10-2 (f). The officials shall call the name of each voter
casting an absentee ballot in the presence of watchers
designated by any interested candidates and shall examine each
affidavit envelope to determine if the signature of the voter
has been appropriately witnessed. If the witnessing of the
signature and the information in the affidavit establish that
the voter is entitled to vote by absentee ballot, then the
election officials shall certify the findings, open each
affidavit envelope, and deposit the plain envelope containing
the absentee ballot into a sealed ballot box.
(2) No election official shall open an affidavit
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(2) No election official shall open an affidavit
envelope if the affidavit printed thereon is unsigned by the
voter or unmarked, and no ballot envelope or ballot therein
may be removed or counted. No election official shall open an
affidavit envelope if the voter's affidavit signature or mark
is not witnessed by the signatures of two witnesses or a
notary public, or other officer, including a military
commissioned officer, authorized to acknowledge oaths, and no
ballot envelope or ballot therein may be removed or counted.
The provision for witnessing of the voter's affidavit
signature or mark in Section 17-11-7 goes to the integrity and
sanctity of the ballot and election. No court or other
election tribunal shall allow the counting of an absentee
ballot with respect to which the voter's affidavit signature
or mark is not witnessed by the signatures of two witnesses 18
years of age or older or a notary public, or other officer,
including a military commissioned officer, authorized to
acknowledge oaths, prior to being delivered or mailed to the
absentee election manager.
(3) The absentee ballots described in this subsection
shall be opened, counted, and tabulated. The results of the
absentee ballots counted and tabulated on election day shall
be amended to include the results of the absentee ballots
described in this subsection.
(4) In all other respects, unless otherwise
specifically provided by law, the absentee ballots described
in this subsection shall be treated as other absentee
ballots."
Section 2. Section 17-9-6.1 is added to the Code of
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Section 2. Section 17-9-6.1 is added to the Code of
Alabama 1975, to read as follows:
§17-9-6.1
(a)(1) Before each election in this state, there shall
be an advance voting period that commences, for each primary
or general election, on the fourth Monday before the primary
or general election.
(2) If there is a second primary election pursuant to
Section 17-13-18, the advance voting period shall commence no
later than the second Monday before the second primary.
(3) The advance voting period shall continue until the
Friday immediately preceding the primary, second primary, or
general election.
(b)(1) The judge of probate of each county shall
designate at least one polling place to be open in the county
for advance voting. Registered voters in the county may vote
at any open advance voting polling place in the county of
their residence.
(2) The judge of probate shall provide the location of
all advance voting polling places to the Secretary of State at
least 14 days before the beginning of the advance voting
period for each primary and general election.
(3) If an advance voting period is necessary due to a
second primary, the judge of probate shall provide the
location to the Secretary of State at least seven days before
the advance voting period begins for the second primary.
(c)(1) Precinct election officials shall open each
advance voting polling place from 9:00 a.m. to 5:00 p.m. on
weekdays during the advance voting period. The advance voting
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SB290 INTRODUCED
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weekdays during the advance voting period. The advance voting
polling place shall also be open for advance voting from 9:00
a.m. to 5:00 p.m. on the second and third Saturdays preceding
a primary, second primary, or general election.
(2) The judge of probate may order an advance voting
polling place open on the second or third Sundays preceding a
primary, second primary, or general election. The advance
voting polling place shall operate during hours established by
order of the judge of probate which must be between the hours
of 7:00 a.m. and 7:00 p.m.
(3) Notwithstanding subdivision (1), if an official
state holiday, pursuant to Section 1-3-8, occurs on the second
Thursday, Friday, Saturday, Sunday, or Monday preceding a
primary, second primary, or general election, advance voting
may not occur on the second Saturday.
(4) The judge of probate may establish extended hours
for the days that advance voting is authorized to any time
between 7:00 a.m. and 7:00 p.m., provided that each polling
location is open from at least 9:00 a.m. to 5:00 p.m.
(5)a. The judge of probate shall provide to the
Secretary of State all dates and times that the advance voting
polling place in his or her county will be open at least 14
days before the beginning of the advance voting period for a
primary or general election.
b. If an advance voting period is necessary due to a
second primary, the judge of probate shall provide the dates
and times to the Secretary of State at least seven days before
the advance voting period begins for the second primary
election.
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election.
(6) Voting during the advance voting period may only
occur on the dates and times authorized under this section.
(d)(1) The judge of probate shall provide reasonable,
conspicuous notice to the registered electors in his or her
county of the availability of advance voting. This notice
shall include the times, dates, and locations at which
electors may participate in advance voting. The Secretary of
State shall establish, by rule, the methods that judges of
probate may use to provide notice to electors.
(2) In addition to the notice required in subdivision
(1), the judge of probate shall publish the dates, times, and
locations at which electors may participate in advance voting
on the homepage of the county commission's website, and the
homepage of the county's publicly accessible website
associated with elections or registration for elections, if
one exists.
(3) If the county has no applicable websites pursuant
to subdivision (2), the judge of probate shall publish the
dates, times, and locations at which electors may participate
in advance voting in a newspaper of general circulation in the
county and by posting the information in a conspicuous manner
and location in the county.
(4) The notice and publication of the dates, times, and
locations required under this subsection is required at least
14 days before the beginning of the advance period for a
primary and general election and at least seven days before
the beginning of the advance voting period for a second
primary election.
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SB290 INTRODUCED
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primary election.
(e)(1) The judge of probate may establish additional
advance voting polling places to be opened after the advance
voting period has begun. The judge of probate shall provide
the notice and publication required under subsection (d)
within one day after the new advance voting polling place has
been established.
(2) The judge of probate shall not remove any advance
voting location after notice and publication is provided to
electors in the county unless there is an emergency or
unavoidable event that renders the location unavailable for
use. If an event renders a location unavailable, and that
advance voting polling place was the only one in the county,
the judge of probate shall designate a new advance voting
polling place. The judge of probate shall provide additional
notice and publication pursuant to subsection (d) to
communicate the new location to electors in the county within
one day after the new advance voting polling place has been
established.
(f) This section shall apply to all elections in the
state. The Secretary of State shall adopt rules to implement
and administer this section.
Section 3. (a) This section and Sections 4 through 8
shall be known and may be cited as the Alabama Voting Rights
Act.
(b) For purposes of Sections 4 through 8, the following
words have the following meanings:
(1) ALTERNATIVE METHOD OF ELECTION. A method of
electing candidates to the legislative body of a municipality
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SB290 INTRODUCED
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electing candidates to the legislative body of a municipality
other than an at-large method of election or a district-based
method of election, which includes, but is not limited to,
proportional ranked-choice voting and cumulative voting.
(2) AT-LARGE METHOD OF ELECTION. A method of electing
candidates to the legislative body of a municipality in which
candidates are voted upon by all electors of the municipality.
This does not include any alternative method of election.
(3) COMMISSION. The Alabama Voting Rights Act
Commission established under Section 5.
(4) DISTRICT-BASED METHOD OF ELECTION. A method of
electing candidates to the legislative body of a municipality
in which, for municipalities divided into districts, a
candidate for a district is required to reside in the district
and candidates representing or seeking to represent the
district are voted upon by the electors residing in the
district.
(5) GOVERNMENT ENFORCEMENT ACTION. Any denial of
administrative or judicial preclearance by the state or
federal government, pending litigation filed by a state or
federal entity, final judgment or adjudication, consent
decree, or other similar formal action.
(6) LEGISLATIVE BODY. The city council, board of
education, county commission, district committee, association
committee, or other similar body of a municipality.
(7) LOCAL GOVERNMENT. Any political subdivision within
the State of Alabama that administers elections or in which
elections are conducted and includes a county, municipality,
or school district.
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SB290 INTRODUCED
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or school district.
(8) ORGANIZATION. Any entity or group of persons with a
commonly aligned purpose other than an individual.
(9) PROTECTED CLASS. A class of individuals who are
members of a race, color, or language minority group, or a
class or two or more of those minority groups.
(10) RACIALLY POLARIZED VOTING. Voting where there is a
divergence in the candidate preferences, political
preferences, or electoral choices of members in a protected
class from the candidate preferences, political preferences,
or electoral choices of members of another class or set of
classes.
(11) VOTING. Any action necessary to cast a ballot and
make the ballot effective in any general or primary election,
including, but not limited to, admission as an elector,
application for an absentee ballot, and any other action
required by law as a prerequisite to casting a ballot and
having that ballot counted, canvassed, or certified properly
and included in the appropriate totals of votes cast with
respect to candidates for election or nomination and to
amendment questions.
(12) VOTING RIGHTS ACT. The Voting Rights Act of 1965,
52 U.S.C. §10101 et seq., as amended.
Section 4. (a) No local government, state agency, or
state official may implement a regulation, standard, practice,
procedure, or policy regarding the administration of elections
or take or fail to take any action that results or is intended
to result in a disparity among members of a protected class in
electoral participation, access to voting participation,
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SB290 INTRODUCED
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electoral participation, access to voting participation,
access to voting opportunities, or ability to participate in
the political process, or an impairment of the opportunity or
ability of members of a protected class within a local
government to participate in the political process and elect
candidates of their choice or otherwise influence the outcome
of elections.
(b) There is a rebuttable presumption that a local
government violates subdivision (a) if the local government
does any of the following:
(1) Closes, moves, consolidates, or fails to provide
polling places or reassigns voters to precincts or precincts
to polling places in a manner that impairs the right to vote
of members of a protected class or results in a disparity in
geographic access between members of a protected class and
other members of the electorate.
(2) Changes dates or hours of an election in a manner
that impairs the right to vote of members of a protected
class, including, but not limited to, making the change
without proper notice as required by law.
(3) Fails to provide voting or election materials in
languages other than English as required by law.
(4) Calls a special election to fill a vacancy on a
date that would reasonably result in a disparity in levels of
participation between protected class voters and other voters,
and there exists an alternate date in a reasonable timeframe
in which the disparity would be materially less significant.
(c)(1) No local government may employ a method of
election for any office that has the effect of, or is
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election for any office that has the effect of, or is
motivated in part by, the intent to impair the opportunity or
ability of members of a protected class to participate in the
political process and elect candidates of their choice or
otherwise influence the outcome of elections as a result of
diluting the vote of members of a protected class.
(2) A local government violates this subsection if it
employs a method of election that results in racially
polarized voting which impairs the equal opportunity or
ability of members of a protected class to nominate or elect
candidates of their choice.
(d) Any individual aggrieved by a violation of this
section, any organization whose membership includes
individuals aggrieved by a violation of this section, any
organization whose mission would be frustrated by a violation
of this section, any entity that would expend resources in
order to fulfill its mission as a result of a violation of
this section, the commission, or the Attorney General may file
an action alleging a violation of this section to enforce
compliance with this section in a court of competent
jurisdiction. The claim may be filed pursuant to the Alabama
Rules of Civil Procedure. Members of two or more protected
classes that are politically cohesive in a local government
may jointly file an action.
(e)(1) Prior to filing suit under subsection (d), the
aggrieved party shall send a notice letter to the local
government alleged to be in violation to allow the local
government the opportunity to correct the violation.
(2) The local government shall have seven calendar days
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(2) The local government shall have seven calendar days
in which to respond detailing what actions it will take to
address the violations or to deny the allegations in whole or
in part.
(3) If the perceived violation occurs within 14 days
after the voter registration deadline for the relevant
election, the aggrieved party is granted leave from the notice
requirement.
(f)(1) In any action to enforce Sections 3 through 8 of
this act, the court may award reasonable attorney fees and
litigation costs including, but not limited to, expert witness
fees and expenses, if all of the following are applicable to
the party to which fees and costs are awarded:
a. The party filed the action to enforce Sections 3
through 8 of this act.
b. The party is not a state or municipal entity or
agency.
c. The party prevailed in the action.
(2) If a party against whom an action was brought under
this section prevails in the action, the court may not award
reasonable attorney fees and litigation costs unless the court
finds the action to be frivolous, unreasonable, or without
foundation.
(3) For purposes of this subsection, a party shall have
prevailed in an action when, as a result of litigation, the
party against whom the action was filed has resulted in a
substantial portion or all of the relief sought in the action.
Section 5. (a) There is established the Alabama Voting
Rights Act Commission.
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Rights Act Commission.
(b) The commission shall be responsible for
administering the Alabama Voting Rights Act.
(c) The commission shall consist of five commissioners,
each of whom shall serve staggered five-year terms.
Commissioners shall be compensated for their time spent on
commission business at an hourly rate based on the rate
equivalent to an assistant attorney general.
(1) A nominating committee shall be formed to identify
qualified candidates to serve as members of the commission.
The nominating committee shall be comprised of nominating
organizations. Organizations may apply with the Secretary of
State to be certified as a nominating organization for
five-year terms, at which point a nominating organization may
be recertified. The Secretary of State must certify any
organization that applies to be a nominating organization if
the organization:
a. Demonstrates commitment to the purpose of the
commission by securing the voting rights of members of a
protected class, including, but not limited to, reference to
members of a protected class in its mission statement,
involvement in numerous voting rights cases brought within the
state on behalf of members of protected classes, or
involvement in advocacy in support of members of protected
classes or the commission;
b. Has registered as a nonprofit corporation with the
Secretary of State; and
c. Demonstrates continuous operation as a nonprofit
organization under 26 U.S.C. § 501(c)(3) or as a nonprofit
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organization under 26 U.S.C. § 501(c)(3) or as a nonprofit
corporation registered with the Secretary of State for at
least 10 years.
(2) If the Secretary of State fails to timely certify
an organization that satisfies these qualifications following
the organization's application to be certified as a nominating
organization, the organization may file an action against the
Secretary of State for a declaratory judgment certifying the
organization as a nominating organization.
(3) A nominating organization may be removed for cause
by a majority vote of all of the nominating organizations.
(4) If there are fewer than 16 nominating organizations
certified by the Secretary of State, the nominating committee
shall consist of all of the nominating organizations. If there
are 16 or more nominating organizations certified by the
Secretary of State, the nominating committee shall consist of
16 nominating organizations to be randomly selected from all
nominating organizations on an annual basis.
(5) The nominating committee shall select its own chair
to preside over meetings and voting.
(6) Commissioners shall be selected as follows:
a. The nominating committee shall solicit applications
to serve as a commissioner from across the state. A
commissioner must meet all of the following criteria:
1. Be an Alabama resident.
2. Be a member of The Alabama State Bar with at least
five years of legal experience.
3. Have demonstrated experience representing or
advocating on behalf of members of protected classes.
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advocating on behalf of members of protected classes.
4. Have not served in elected office within the
previous five years.
5. Is not currently serving in any government office or
holding any political party office.
b. The nominating committee shall maintain a qualified
candidate pool consisting of 30 qualified candidates to serve
on the commission. Individuals shall only be added to the
qualified candidate pool upon a three-fifths vote of the
nominating committee. The size of the qualified candidate pool
may be increased or decreased from 30 qualified individuals by
a three-fifths vote of the nominating committee.
c. All commissioners shall be randomly selected from
the qualified candidate pool. Upon the initial formation of
the commission, five commissioners shall be randomly selected
from the qualified candidate pool and randomly assigned to
initial term lengths of five years, four years, three years,
two years, and one year. At least 60 days before the
conclusion of each commissioner's term, a new commissioner
shall be randomly selected from the qualified candidate pool
to serve a five-year term upon the conclusion of the current
commissioner's term. Within 30 days after a vacancy occurs on
the commission, a new commissioner shall be randomly selected
from the qualified candidate pool to complete the vacant
unexpired term.
(d) In any action or investigation to enforce the
Alabama Voting Rights Act, the commission may subpoena
witnesses, administer oaths, examine individuals under oath,
determine material facts, and compel production of records,
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determine material facts, and compel production of records,
books, papers, contracts, and other documents in accordance
with the Alabama rules of civil procedure.
(e) The commission may hire staff and make expenditures
as necessary to carry out its responsibilities.
(f) The commission may adopt rules to administer
Sections 3 through 8.
Section 6. (a) The Secretary of State shall establish,
in the Office of the Secretary of State, a statewide database
of information necessary to assist the state and any
municipality in: (i) evaluating whether and to what extent
current laws and practices related to election administration
are consistent with the Alabama Voting Rights Act; (ii)
implementing best practices in election administration to
further the purposes of Sections 3 through 8; and (iii)
investigating any potential infringement upon the right to
vote.
(b) No later than January 1, 2027, the Secretary of
State shall designate an employee of the Office of the
Secretary of State to serve as manager of the statewide
database. The designated employee shall possess an advanced
degree from an accredited college or university, or equivalent
experience, and have expertise in demography, statistical
analysis, and electoral systems. The designated employee shall
be responsible for the operation of the statewide database and
shall manage staff as necessary to implement and maintain the
statewide database.
(c) The statewide database shall maintain, in an
electronic format, for a period covering at least the 12
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electronic format, for a period covering at least the 12
previous years, all of the following data and records:
(1) Estimates of total population, voting age
population, and citizen voting age population by race, color,
and language minority group, broken down annually to the
voting district level for each municipality, based on
information from the United States Census Bureau, including
from the American Community Survey or information of
comparable quality collected by a similar governmental agency,
and accounting for population adjustments, as applicable.
(2) Election results at the district level for each
statewide election and each election in each municipality.
(3) Regularly updated registry lists, geocoded
locations for each elector, and elector history files for each
election in each municipality.
(4) Contemporaneous maps and descriptions of boundaries
and other similar items which shall be provided as shapefiles
or in a comparable electronic format if an electronic format
is available.
(5) Geocoded locations of polling places and absentee
ballot drop-off locations for each election in each
municipality and a list or description of the voting districts
or geographic areas served by each location.
(6) Any other information the Secretary of State deems
advisable to maintain the database in furtherance of the
purposes of Sections 3 through 8.
(d) Except for any data, information, or estimates that
identify individual electors, the data, information, or
estimates maintained in the statewide database shall be
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estimates maintained in the statewide database shall be
published on the website of the Office of the Secretary of
State and made publicly available in electronic format at no
cost.
(e) Any estimates prepared pursuant to this section,
including estimates of eligible electors, shall be prepared
using the most advanced, peer-reviewed, and validated
methodologies available to the state.
(f) Upon the certification of election results and the
completion of the elector history file after each election,
the officials responsible for administering elections in each
municipality shall transmit to the Secretary of State, in
electronic format, copies of all of the following:
(1) Election results at the voting district level.
(2) Updated registry lists.
(3) Elector history files.
(4) Maps, descriptions of boundaries, and similar
items.
(5) Lists of polling place and absentee ballot drop-off
locations.
(6) Lists or descriptions of the voting districts or
geographic areas served by the locations.
(g) At least annually or upon the request by the
Secretary of State, the Alabama Criminal Justice Information
Services Division within the Alabama State Law Enforcement
Agency, or any other state entity identified by the Secretary
of State as possessing data, statistics, or other information
that the Office of the Secretary of the State requires to
carry out its duties and responsibilities under Title 17 shall
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carry out its duties and responsibilities under Title 17 shall
provide to the Secretary of State the data, statistics, or
information.
(h) The Office of the Secretary of State may provide
nonpartisan technical assistance to municipalities,
researchers, and members of the public seeking to use the
resources of the statewide database.
(i) In each action filed pursuant to Section 4 of this
act, there shall be a rebuttable presumption that the data,
estimates, or other information maintained in the statewide
database is valid.
Section 7. (a) The enactment or implementation of a
covered policy by a covered jurisdiction shall be subject to
preclearance by the commission or the Fifteenth Judicial
Circuit.
(b) A covered policy, as determined by the commission,
shall include any new or modified qualification for admission
as an elector, prerequisite to voting, or ordinance,
regulation, standard, practice, procedure, or policy
concerning any of the following:
(1) Districting or redistricting.
(2) Method of election.
(3) Form of government.
(4) Annexation, incorporation, dissolution,
consolidation, or division of a municipality.
(5) An elector's voter registration status.
(6) Hours of operation for any polling location.
(7) Assignment of voting districts to any polling
location.
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location.
(8) Assistance offered to members of a protected class.
(9) Any additional subject matter the commission may
identify for inclusion in this subsection, pursuant to a rule
adopted by the commission in accordance with the Alabama
Administrative Procedure Act, if the commission determines
that any qualification for admission as an elector,
prerequisite to voting or ordinance, regulation, standard,
practice, procedure, or policy concerning the subject matter
may have the effect of diminishing the right to vote of any
member of a protected class or have the effect of violating
the Alabama Voting Rights Act. A decision by the commission to
identify or to not identify any additional subject matter for
inclusion in this section shall be final and shall not be
subject to review in any court or forum, except as provided in
the Constitution of Alabama of 2022.
(c) A covered jurisdiction shall include a local
government that meets any of the following criteria:
(1) Within the 25 preceding years, has been subject to
any court order, court-approved consent decree, government
enforcement action, or settlement in which the local
government conceded liability for violating the Alabama Voting
Rights Act, the Voting Rights Act of 1965, any state or
federal civil rights law, the Fourteenth or Fifteenth
Amendment to the United States Constitution concerning a
violation of the right to vote, or a pattern, practice, or
policy of discrimination against any member of a protected
class.
(2) Within the three preceding years, has failed to
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(2) Within the three preceding years, has failed to
comply with obligations to provide data or information to the
statewide database pursuant to Section 6.
(3) Within the 25 preceding years, was found to have
enacted or implemented a covered policy without obtaining
preclearance for the covered policy pursuant to this section.
(4) Within the preceding 10 years has at least 1,000
eligible electors of any protected class, or a population of
members of a protected class that is at least 10 percent of
the eligible elector population of the local government and
either: (i) the percentage of electors of any protected class
in a local government that participated in any general
election for any local government office is at least 10
percentage points lower than the percentage of all electors in
the local government that participated in the election; (ii)
the percentage of eligible electors of the protected class who
were registered to vote was at least 10 percentage points
lower than the percentage of all eligible electors in the
local government who were registered to vote; (iii) the
dissimilarity index of the protected class based upon the
United States Census data, calculated using census tracts, is
in excess of 50 with respect to the race, color, or language
minority group that comprises a plurality within the local
government; (iv) the poverty rate among members of the
protected class exceeds the poverty rate among the population
of the local government as a whole by at least 10 percentage
points; (v) the arrest rate among members of the protected
class exceeds the arrest rate of the population of the local
government by at least 10 percentage points; or (vi) the
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government by at least 10 percentage points; or (vi) the
graduation rate of the protected class is lower than the
graduation rate of the school district student population by
at least 10 percentage points.
(d)(1) At least annually, the commission shall
determine which governmental entities are covered
jurisdictions pursuant to subsection (c) and provide a list of
the local governments to the Secretary of State who shall
publish the list on the Secretary of State's website.
(2) A determination of the commission as to coverage
under subdivision (1) shall be effective upon the publication
and may be appealed in accordance with the Alabama
Administrative Procedure Act.
(e)(1) If a covered jurisdiction seeks preclearance
from the commission for the adoption or implementation of any
covered policy, the covered jurisdiction shall submit the
covered policy in writing to the commission.
(2) If the commission receives a request for
preclearance of a covered policy from a covered jurisdiction,
not later than 10 calendar days after receipt of the request
for preclearance of a covered policy, the commission shall
publish the covered policy on the commission's website.
(3) Members of the public shall have an opportunity to
comment on any covered policy published on the commission's
website within the time period set forth in subdivision (9).
The Secretary of State shall allow members of the public to
sign up to receive notifications of submitted covered policies
for preclearance and deadlines for submission of public
comments.
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comments.
(4) The commission shall review the submission for
preclearance and any public comments and provide a report and
determination as to whether preclearance of the covered policy
should be granted or denied within the time period set forth
in subdivision (10). The time period for public comment shall
run concurrently with the time period for review of the
submission for preclearance.
(5) The covered jurisdiction shall bear the burden of
proof in any determination as to preclearance of a covered
policy. The commission may request additional information from
a covered jurisdiction at any time during the commission's
review for the purpose of developing the Secretary of State's
report and determination. Failure of the covered jurisdiction
to timely comply with reasonable requests for additional
information may constitute grounds for the denial of
preclearance. The commission shall publish on the website of
the office of the commission each report and determination
upon completion of the report.
(6) In its determination, the commission shall state in
writing whether the Secretary of State is approving or
rejecting the covered policy, provided the commission may
designate preclearance as preliminary and subsequently approve
or deny final preclearance not later than 90 days after
receipt of submission of the covered policy.
(7) The commission shall deny preclearance to a
submitted covered policy only if the covered policy is more
likely than not to violate the provisions of the Alabama
Voting Rights Act or diminish the opportunity or ability of
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Voting Rights Act or diminish the opportunity or ability of
members of a protected class to participate in the political
process and elect candidates of their choice or otherwise
influence the outcome of elections. If the commission denies
preclearance to a covered policy under this subdivision, the
commission shall interpose objections explaining the
commission's basis for the denial, and the covered policy
shall not be enacted or implemented.
(8) If the commission grants preclearance to a
submitted covered policy, the covered jurisdiction may
immediately enact or implement the covered policy. A
determination by the commission to grant preclearance shall
not be considered by a court in any subsequent action
challenging the covered policy.
(9) The commission shall allow 10 business days for
public comment on any submitted covered policy, except that
the commission shall allow 20 business days for public comment
on any submitted covered policy concerning the implementation
of a district-based or alternative method of election, a
districting or redistricting plan, or a change to a
municipality's form of government.
(10) The commission shall review and determine to grant
or deny preclearance to a submitted covered policy not later
than 30 calendar days after receipt of the submitted covered
policy, except that the commission shall review and determine
to grant or deny preclearance to a submitted covered policy
concerning the implementation of a district-based or
alternative method of election, a districting or redistricting
plan, or a change to a municipality's form of government not
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plan, or a change to a municipality's form of government not
later than 90 days after receipt of the submitted covered
policy.
(11) If the commission fails to grant or deny
preclearance to a submitted covered policy within the time
period specified in subdivision (10), the covered policy shall
be deemed precleared and the covered jurisdiction may enact or
implement the covered policy.
(f) The commission may adopt rules in accordance with
the Alabama Administrative Procedure Act to establish an
expedited emergency preclearance process under which the
commission may address covered policies that are submitted
during or immediately preceding an election as a result of any
attack, disaster, emergency, or other exigent circumstance.
Any preclearance granted pursuant to the rules adopted under
this subsection shall be designated "preliminary" and the
commission may subsequently approve or deny final preclearance
not later than 90 days after receipt of submission of the
covered policy.
(g) Any denial of preclearance by the commission may be
appealed in accordance with the Alabama Administrative
Procedure Act.
(h)(1) If a covered jurisdiction seeks preclearance
from the Fifteenth Judicial Circuit for the adoption or
implementation of any covered policy, in lieu of seeking
preclearance from the commission pursuant to subsection (e),
the covered jurisdiction shall submit the covered policy to
the court and may obtain preclearance in accordance with this
subsection, provided the covered jurisdiction shall also
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subsection, provided the covered jurisdiction shall also
contemporaneously transmit to the commission a copy of the
submission. Failure to provide a copy of the submission to the
commission shall result in automatic denial of the
preclearance.
(2) Notwithstanding the transmission of a copy of any
submission to the commission, the court shall exercise
exclusive jurisdiction over the submission. The covered
jurisdiction shall bear the burden of proof in the court's
determination as to preclearance.
(3) The court shall grant or deny preclearance no later
than 90 days after the receipt of the submission of a covered
policy.
(4) The court shall deny preclearance to a submitted
covered policy only if the court determines that: (i) the
covered policy is more likely than not to diminish the
opportunity or ability of members of a protected class to
participate in the political process and elect candidates of
their choice or otherwise influence the outcome of elections;
or (ii) the covered policy is more likely than not to violate
the Alabama Voting Rights Act.
(5) If the court grants preclearance of the covered
policy, the covered jurisdiction may immediately enact or
implement the covered policy. A determination by the court to
grant preclearance to a covered policy shall not be admissible
in, or otherwise considered by, a court in any subsequent
action challenging the covered policy.
(6) If the court denies preclearance of a covered
policy, or fails to make a determination within 90 days after
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policy, or fails to make a determination within 90 days after
receipt of submission of the covered policy, the covered
policy shall not be enacted or implemented.
(7) Any denial of preclearance under this subsection
may be appealed in accordance with the Alabama Rules of
Appellate Procedure. Any action brought pursuant to this
subsection shall be expedited with respect to assignment for
trial or appeal, including expedited pretrial and other
proceedings.
(i) If any covered jurisdiction enacts or implements
any covered policy without obtaining preclearance for the
covered policy in accordance with this section, the commission
or any party described in Section 4(d) may file an action in
the Fifteenth Judicial Circuit to enjoin the enactment or
implementation and seek sanctions against the covered
jurisdiction for violations of this section.
(j)(1) The commission may adopt rules, in accordance
with the Alabama Administrative Procedure Act to effectuate
the purposes of this section.
(2) Any estimates prepared for the purpose of
identifying covered jurisdictions under this section,
including estimates of eligible electors, shall be prepared
using the most advanced, peer-reviewed, and validated
methodologies.
Section 8. (a) The Secretary of State shall publicize
his or her work with local registrars, probate offices, and
election administrators to provide semi-annual voter outreach
efforts to educate Alabama residents on matters, including,
but not limited to, upcoming election dates, voter
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but not limited to, upcoming election dates, voter
registration requirements, available methods of voting, voting
locations, and proposed redistricting changes.
(b) The Voter Education Fund is created within the
State Treasury, to be administered by the commission. All
receipts collected by the commission pursuant to this act
shall be deposited into this fund and used to the credit of
the commission and to carry out this act.
(c) The commission may expend monies from the fund for
any of the following purposes:
(1) Developing and distributing educational materials
on voting rights and the voting process, including information
on voter registration, absentee voting, and polling place
accessibility.
(2) Conducting public education campaigns to inform
voters about changes to voting laws, procedures, or polling
locations, and to counteract false or misleading information
about voting.
(3) Providing training and resources to local election
officials, poll workers, and volunteers on how to ensure fair
and equitable access to the ballot for all eligible voters.
(4) Establishing and maintaining voter hotlines, online
portals, or other mechanisms for voters to report incidents of
voter intimidation, suppression, or discrimination, and for
election officials to respond to those reports.
(5) Supporting voter outreach efforts targeted at
historically underrepresented communities, including, but not
limited to, members of protected classes, low-income
individuals, youth, and people with disabilities.
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individuals, youth, and people with disabilities.
(6) Providing grants to community-based organizations,
civic groups, and civil rights organizations to conduct voter
education and mobilization activities, including voter
registration drives, candidate forums, and get-out-the-vote
campaigns, or to engage in nonpartisan advocacy, litigation,
or other legal actions to protect voting rights, challenge
discriminatory voting practices, or seek redress for victims
of voter suppression or intimidation.
(7) Partnering with schools and universities to develop
and implement nonpartisan curricula on civic engagement,
voting, and the importance of participating in the democratic
process.
(8) Funding research and evaluation projects to assess
the impact of voter education and outreach efforts on voter
participation and civic engagement and to identify best
practices for improving access to the ballot.
Section 9. This act shall become effective on October
1, 2026.
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