Alabama House Bill HB398

Alabama 2023 Regular Session

• Introduced: 4/27/23
• Refer: 4/27/23

Caption

Relating to absentee voting; to amend Sections 17-9-30, 17-11-2, 17-11-4, 17-11-5, 17-11-11, and Section 17-11-18, Code of Alabama 1975; to require photo identification to be submitted with the absentee ballot rather than the absentee ballot application; to prohibit the absentee election manager and circuit clerk from extending hours of operation outside of its normal business hours during an election year; to require the absentee election manager to submit a report to the Secretary of State and Attorney General relating to certain absentee ballot requests; to require the absentee election manager to record certain activities relating to each absentee ballot and to post a copy of the list of voters who have requested an absentee ballot each day on the regular bulletin board or other public place in the county courthouse; to require that each absentee ballot have an identifying tracking number; to increase the number of poll watchers; to observe counting of absentee ballots in certain circumstances; and to provide that any absentee ballot received by mail a certain number of calendar days after the election shall be deemed a provisional ballot.

Impact

The bill intends to streamline the absentee voting process and potentially reduce instances of fraud. By requiring that absentee ballots carry an identifying tracking number, the bill enhances the transparency of absentee voting. Another significant change includes the absentee election manager's obligation to maintain a daily posted list of voters who have requested absentee ballots, thereby improving accountability and monitoring. It also increases the number of poll watchers allowed at ballot counting based on the volume of absentee ballots received, which can enhance oversight during the voting process.

Summary

House Bill 398 seeks to amend various sections of the Alabama Code related to absentee voting. One key requirement introduced by HB398 is that voters must submit a photo identification with their absentee ballot itself rather than at the application stage. This legislative change adds an additional layer of identification verification, as the expectations for voter identification have increased, aiming to bolster election integrity. Additionally, the bill imposes limits on the operating hours of absentee election managers, preventing them from extending hours beyond normal business operations during election years.

Contention

However, HB398 has sparked contention among various stakeholders. Critics argue that making absentee voting more stringent may disenfranchise voters, especially those who may lack immediate access to photo identification or who might not seek to navigate an increased bureaucratic process. There is concern that the bill's provisions could lead to confusion among voters regarding the requirements for absentee voting and the deadline for ballot submission. Moreover, the limitation of absentee election managers' hours could present challenges for voters trying to obtain their ballots, potentially leading to reduced voter turnout in absentee ballots, which has been increasingly relied upon in recent elections.