Correspondence from Guinier to McCrary

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(79-569G:512/79)

SyNOPSIS: This bill amends the absentee voting law so as

to make procedure for obtaining absentee ballots

theSameforphysicallydisabledpersonsaSit

isforabled.bodiedPersons;toauthorizepoll
workers serving at polling places other than their

own to vote absentee; to provide. for a secret

ballot and a more secure accounting system and

procedure for absentee voting including Procedures

for application, mailing of ba1lots, vote counting

and the making of oaths; to a11ow voters to

requestabsenteeballotsformorethanoneelec-

tion; and to increase Penalties for absentee

voter fraud or undue influence '

TO

A

BE

AN

BILL
ENTI

ACT
TLED

Relatingtoabsenteevoting;toaltertheProcedure

for same; to provide further for absentee voting by

Physicallydisabledpersonsandelectionofficers;Eo
prescribe a form for absenc voEer oaths; to provide furrher

for receiving and co,nting absentee ballots; to piohilit

certain acts and provide Penalties therefor; Eo increase

penalties for certain existing crimes; and for such purPoses

to arnend code of Alabama Lg75, Sections l7-10-3, 17-10-4,

17-10-5,LJ-10-6,L7-LO. 7,17-10-8,17-10-9'17-10-r0'

17-10-11, 17-LO-12 and 17-10-I7'



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IS

BE IT ENACTED BY THE LEGISI-ATURE OF AI'ABAMA:

section 1. code of Alabama 1975, Section 17-10-3

amended to read as follows:

"s 17-10-3 -

" (a) Any qualified elector of this state and

any person who, but for having moved from the state within

the 30 days iuurediately preceding the election' is a

qualified elecEor of this state who will be qnable to vote

at his reguLar polling place because of his absence from

the county of his residence on the day of any primary '

general, special or municipal election, or who because of

anyphysicalillnessorinfirmitywhichPreventshis

attendance at the poI1s, whether he is within or without

the county on the day of the election, or rvho is serving as

an election officer at anv pollfng p1

at which he is qualified to vote, may vote an absentee

bal1ot, provided he makes application in writing therefor

not more than 60 nor.l-ess Ehan five days prior to the

election in which he desires to voEe as authorized in

this chapter.

"(b) An applicant fot an absentee ballot wirc is

a member of the a;ured forces of the United States, including

the Alabama National Guard, the united states naval reserves,

the United SEates air force resels/es and the United States

militaryreservesonactivedutytrainingoranapplic-nt

whoisthewifeofanymerrberofEhearmedforcesmaymake

applicaEion for an absentee ballot by filling out 'the

federal postcard application fo:m, authorized and pro-''ided

for r:nder the provisions of 'T'he Federal Voting Assistence

Act of 1955,' Public Law 296, Chapter 656' H'R' 4048'

approved August g, 1955, 84uh Congress lst Session'"

section 2. code of Alabama 1975, Section l;-10-4

is amended to read as follows:



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"s 17-10-4.

"Such application which sha1l be filed with the

person designaEed to serve as the absenEee election manager,

need not be in any particular fo::ut, but it shall conEa'-n

sufficient infor-uration to identify the applicant Ls-Elre

persen-he-elains-Ee-be and it sha1l include the applicant's

name, at€i s€x; residence address, preeineE-ia-whieh-h:-lasE

veEed; or such other info::uration necessarf to verify th-at

such applicant is a registered voter, and'the address Eo

subsequent election to be held within s@

receipt of the application by the absentee election manager.

Any applicant may have such assisEance in filling out the

application as he desires, but each application shall

be manually signed by the applicant and, if he signs by

mark, the name of the witness to his signature must be

signed Ehereon. Such application may be handed by the

applicanE himself to the register or fo::r^rarded to him by

United States mail. In-Ehe-ease-ef-the-apPlieaeien-ef-a

qua 1 i f i e d - e 1 e e E e r -whe -wi 1 1 -b e -wi Ehin - Eh e - e eun Ey - ea - Ehe - da ee

e f - th e -e I ee E i en ; -buE - un ab l e - E e - te - Ee - €he -P e 1 1 s - en - a e e e'cin t

e f - a -phi s i e a 1 - di s ab i I *Ey r- Eh e - app 1 ie ae iea - sha 1 1 -b e - a E E a eh e d

€h ere e e -a - e e rE i f, i e at e ; - s i gn e d-by -a - 1 i eeas e d- p rae € i e ia g

physi eian -e f - ehi s - sE a Ee 7 - ee rE ifyiag-whe=e - ehe - aPP 1 i ean E - is

e en f in e d - aa d- de s e rib i,a g-h is -e r-h er -Phys i eal - e en di t iea - an d

sEaEiag-thaE-he -er -ghe -wil1 -be -physieally-uaab le - Ee -te - €8

his-er-her-pellint-Plaee-ea-eleeEiea-day= Application forrns

which are printed and made available to any applicant t'v

the absentee elecEion manager sha1l have prinEed thercr}1

al1 such penalties as are herein prorrided for anv viol'^"ion

of this chapter. "

which he desires the ballot to be mailed. One applica!ion

mav reeuest a ballot or ballots for any run-off or other



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Section 3. Code of Alabama L975, Section 17-10-5,

is amended to read as follows:

"s 17-10-5.

"upon receipt of the aPPlication for an absentee

ballot, if the applicant's name appears on the list of

qualified voters in the election to be held or, if the voter

makes an affidavit for a challenged vote er-Ehe-absenEee

eleeE iea -Eaaater-i s - s a eis fi ed-the -rcre Eer- is - the -pers en -he

elainrs-Ee-be, he shal1 furnish the absenEee ballot Eo the

applicanE as-required-in-seeEien-17-10-9 by (1) fo::urarding

it bv United States mail to such person or (2) bv handing

pgovided bY Alabama 1aw.

ballot to said voter upon proper subscription to the following

oath or affirmation:

"I hereby swear (o

Pr
narne of absent voter

who resides at

to receive and/or deliver

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iurprisonmenE in the Penitentia for not less than one nor

the absentee ballot to the voter in person or (3

othemise shall be guiltv of a misdemeanor punishable as

unlawful for me to votq for the absent voter' or to chan

or alter the absent voter's ballot, or

anv Derson to unlawfuffy 'ote an 'Us""tee b'

such unlawful acts on conviction, s@ bv

nor more than $20,000.00

pri sone d.

orb beins both fined or in:



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"The official list of qualified voEers herein

referred to shall be furnished to the absentee election

manager by the probate judge or other person preparing

said list at least 2l days before the election. The

absentee election manager sha11 underscore on such list

the name of Ehe voter and sha11 write irnurediately bes:'-de

his name the word 'absentee.' He sha11 enroll the name,

residence'and polling place of Ehe applicant, his absentee

ba110t number, 3S hereinafter described, and the date the

application was received on a list of absentee voters.

The absentee election manager sha1l each day enter bn said

list the names, addresses and polling places of each voter

who has that day applied for an absentee balIot and sha1l

Postacopyofthelistofapplicationsreceivedeachday
on the regular bulletin board or other public place in the

county courthouse. Such list sha1l be maintained in the

office of the clerk or regisEer for 60 days after the

election, Bt which time it shal1 be desEreyed filed with the

probatejudge.Theabsenteeelectionmanagershallaiso'

before the po1ls oPen at any elecEion, cause to be delivered

to the elecEion officers of each polling place a lisE

showing the name and address of every Person whose na:ne

aDpears on the official list of qualified electors for such

polling place who applied for an absenEee ballot in the

election. The name of every such Person shaIl be stricl:en

fromthelistofqualifiedelecEorskeptatthepollii:g



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p1ace, and the person shall not vote again. I€-shall-be

Re e e e ea ry- fer -e aeh -presp e e E ive - ab sen Eee -rele Ee r- Ee -nake

app li e a E ien -f er- eR -ab s en Eee -b aI 1 e E - f er - e a eh - e 1 ee E iea - in

whieh-he-prepeses-Ee-voEe-an-abeenEee-ba}1ee' A voter

who has applied for an absentee ba11ot but who has not

voted said absentee ballot may cast a challenged ballot ' "

section 4. Code of Alabama 1975, Section 17-10-6,

is amended to read as follows:

"s L7-10-5.

.''(a)Theofficialballotsforanyelectionto
which this chaPter pertains shal1 be in the same fo:-t as

the official regular ballots for the elecEion' excePE uhat

they sha11 have prinEed thereon the words, 'official

Absentee Ba110t' anil each absentee ba110E sha11 be nurbered

consecutively as hereinafter provided, and exeePE'that

there sha11 . aI se -b e -prinEed- thereeR - ene - e f - the - af f i daYi E s

here iaa ft er -P re 3 e rib e d .

" (b ) - - Sueh-bal 1e t s - shall -b e- sworn - eo -b e €e re - a

no Eary-publi e -6r -eEhetr-o f f iee r- auEhori ze d- te - aekaewl e dge

oaEhs; -exeepE -in-Ehe -feIlewing-ease3 "
" ( 1) - -A-persea -eeafine d-ea -aeeeunE - e f

phys ie al - disab i1i ey -te -a -he sp ital ; -aurs iR g-hene;

res E -heme - er-s ani Eariura-may - ia -p ers en -exe eute

€h e - a f f i davi E - en - Ehe -b.a 1 1 e e -b e fa re - Eh e - au Eh u t- i t y

in-eha:rge-ef -the -hespital;-ntrEe ing-heme; - resE

hane -er - s ani Eariue-vhere -he -e r- sh e - i s - eea f in e d

er-be fere -a -ne EarY -Ptib I ie'

" ( 2 ) - -Any - aPp I ie ant - fo r- an - ab s en t e e -b a 1 L et

vho - is - a -mernb er- o f - Eh e- atmte d- f o re e s - o €. -the- un i t e d

States r - as -enunellated- in- s e e€ ien- 17- 1e- 3; - aad- is

on- aeEive - duEy-in- sueh.a:med- forees - er- €he.wi€e

o f - any - s ueh - Enenb e :r- e f - Ehe - al-.e d- f e :re e s ; - trhe - w i 1 1

be -away- €rern-his- e r-her- re s i denee- eR- e1 e e t iei. - d"yt



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may -Bake - Eh e - af f i davi € -en - ehe -b al le E -be €e re - any

e ffieer-auEheriee d- te -a dr*iniseer -ea eh s -er -b e €ere

Ehe -eemananding-effiee r-er - eEher -aBEheri ty - in

eharge -e f-the -unit -ef-the -naEieaal -guard; -=e3 erve e

er-eEher-eemPeaent -ef-ehe -arned- ferees "

name of the voter in the space provided before he fonsards

the ba11ot Eo the voter."

secrion 5. code of Alabama L975, Section L7-L0-7

and Section 17-10-8, is amended as follows:
' trs 17-10-7.

,,T']le form of the af€idavi.€ verification docunent

which shaI1 be prinEed-en-abseaEee-baltrets used in general'

special or mr:nicipal elections shal1 be substantially as

follows:
"State of Alabama

"Cor-rnty of
,,Befere -Ba; -Ehe.trn dersigne d-au;he=ity'.P erse nally

appe are d- ? ? ? ? ? ? ?; ? t ? ? ? ; ? ? ? ? ? ; -whe - is -kaewa - ( e r-ma de -kri ..sra )

Ee-Be.aad-whe;.being.firsE-drrly.StlerR;-depeseS.aad-9a,Ys"

I-an-a-bend-fi de-resideaE -and-qualif ied-eleeEsr-ef- "?? ?; ??

a i 7 ;; ; ? ; t t ? t -Pree iaeE -er - dis grie E -ia - ?? ? ; ? ? ? ; ? ?; t i t t ? ; ; ; 1 7 ;

6eun€y7 -Alabana;-eti-EheE-I -\Jas -a-beaa- f ide -residenE -e:'ri

qua} ifie d-e}eeEer.ef . ? : : ; ? ; ; 7;: -preeineE -er- dis erie E - iie E i1

By -r eneval -Ehere fren-ea - Ehe - ? 7 7 ? 7 7 ? ; ;t - day -e€ -? ? : ? : ? : ; = I 9 - : ? ? ;

a- date -neE -mere -Ehaa -ehirey-days -beSere-Ehe -e1eeEien- d"yt

aa d -bue - f er - s ueh -r eeeval - I - s t i 1 1 - s a E i s fy - Ehe -A1 ab alaa

rinted a unique 'absentee ballot number' and a sPace !ge:

election shalI be nr:mbered consecutivelyforeachcor1l.ll:},.

The absenEee election manager shall write the r:nique

absentee ba11ot nr.rmber on the return mail envelope anC the



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retis EraE iea -reqBi Iremen Es ' - -I -have -neE -hereeefere -ve Ee d- itl

€he -e leeE iea -E e -be -he} d-ea - ? ? ? ? ? ? ? i ? ? ? ?' 7 ;? ; ? ; ? ? : ; t t ; - 1 9 " =';

an d- I -an- en Ei E le d- Ee -ve te -hereia ; -buE ; - I -wi I 1 -b e - away- f :rem

Eh e - ee ua Ey - e f -ny - re s i dea e e - ( e r - €e:rnne r - re s i de n e e ) - e r - un a a l e

Ee.ge-Ee-Ehe.pe}}s-eR.sueh.day'--Therefe=e-I-have-marked

the - fer egeing -ab sea Eee -ba11ee - and-he reby- deelare- Eh e - s anie

Ee-be -rny -balIe t - ia -sai d-elee t iea- i ? ? ' ' ? ? ? ? ? ? ? ? ?: ? ?:: : ? ? ? ? ?

Countll

in the

1)r am a resident of

state of Alabama.

Iace of residelce in Alabama is:

t

\0Lr9ve/

Alabama

recinct (or

because:

"Check only one:

I have moved from Alabama less than

thirtv davs Prior to the election '

I will be out of the countY or the

state on election dav.

I am phvsicallv incaPacitated and

will not be able to vote in Person on

election day-

I am an election official serving at

voted

"I, the undersigned, clo swear (or affi::ur)

that:

t'(4) My date of birth is: 
ffi

"(5) I am e

g-Po11ing Place othe

I further swear (or affi:-r) that t have

ba1lot pertains.

in the election tP-v'triSUbfgnor will I vote in Person



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of

"I have marked rhe enclosed absentee ba1lot

voluntarilv and that I have read or had read Eo me and

"Moreover, I further swear (or affirm) that

to tfre be t of mY knowledge a

"Note:

either: A nota ublic or other officer

authorized to acknowledge oaths or tt;o

"Sworn to and subscribed before me this day

I certify that the affiant

known (or made known) to me to be the identical party he

claims ro be

(Signature of Official)

,19

9ignature

:!ai rw zL9 Cooe

:Sig'naEure

Prrnt name

Address

r-urderstand the instructions accompanying thfq_lello! j:i9

that I have carefully courplied with such insEructions-

all of the info:rration giveh above is true and correcl

ivine false inforuration so as to vote il1egall

by absentee ba1lot t

hich is pr:nishable by e fine not to .""eed c/or

confinement in the cotnty jail for not nore than six rnonths.

witnesses eighteen years of age or older'

"1st Witness

"2nd Witness



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"The secretary of staEe shall provide uniforr,

instructions for casting absentee bal1ots, sha11 prescribe

the form of supplies including mailin8 envelopes and shal^

prescribe a svsEem to insure the accor:ntabilitv of absentee

ballots issued and cast in each election.

"s 1 7-10-8.

"T'he fo::m of the affidavit verification document

which sha1l be prinEed-en-abseaEee-balIets used in primary

elections shaII be the same as that used in general, special

and municipal elections; except, that the following senEettce

shall be added and inserted therein inurediately above the

signature of the voter:

"I am a member of the

Party and subscribe to all conditions and qualificaEions

laid down by that party's conrnittee as a requisite for

participaEion in the election

of Voter).

.. (Signature

"Such ballee

to in the same manner

special and municipal

Section 6.

is amended to read as

"s 17-10-9.

verification docr:roent shall be sworn

and form as balleEs-used in general,

elections. "

Code of Alabama L975, Section l7-10-9,

follows:

"Each prospective absenEee voter who meets the

requiremenEs of this chapter sha1I be furnished with the

absentee ba1lot herein provided for, instructions for casCing

an absentee ba1lot, a verification document, togefher with

aR-envelope Ewo envelopes for returning his marked ba1l.ot.

One envelope sha1l be a plain envelope in which the bailot

shal1 be sealed by the voter after he has marked it and

removed the detachable portion therefrorp. The otilrer cnvelope

sha1l be a ret,urTl mail envelope large enough to seal Lir!

lain envelope with the ba11ot and verification docgmer:



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inside it. Such return mail enveloPe shall be addressed

to the absentee election manager and shall be endorsed

on the. left-hand uPPer colner thereof substantially as

follows:

Mr-micipaI,

may be) Eo

"Absent Voters Ba11ot

General, Primary or

No. _. State, CorrntY,

Special Election (as the case

, Cor:nty of

be held on the day of 19 From

(name of voter), eleeEer-ef precinct or

distric ts

Alabama.

"After marking the ball0t and subscribing the

oath er-affidavit herein required, the voter shal1 seal

return mail envelope and nay shall fo::vrard it by united

states mail to the addressee or xnay sha11 hand it to hiin

prorrided for in Section 17-10-5 ' "

Section 7 - Code of Alabama L975 ' Section 17-10-10 '

is amended to read as follows:

" s 17-10-10.
.'Uponreceiptoftheabsenteeballot,theabSentee

elecEion manager sha11 enderse-ea-Ehe-envelope-over-his

sigaaEure-Ehe-daee-and-heur-ef-iEs-reeeipE-by-hin record its

receiptthereofontheabsenteelistasprovidedinlT.l0-5

and shall safely keep the balloE without breaking the seal

of the envelope. on the day of the election, and-dtrrir'.,1,-the

Eine-Ehe-pe11s-are-epen; beginning at 12:00 Noon, the aSsentee

election manager shal1 deliver the sealed enveloPes ccn-

taining absentee ballots to the election cfficials provided

for irr secEion 17-10-11, and such election officials sha11

his balloc in the plain envelope provided, place that plain

addressed to the absentee ba11ot manager' Print

in person or may authorize an agent for delive



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absen;ee ballots sha11 Ehen upon the closing of the polls

be courted and othe::vrise handled in all resPects as if the

Said absentee voter were Present and voEing in person' As

regards municiPalities with populations of less than 10,000,

in Ehe case of mr.rnicipal elecEions held at a time different

from a primary or general election, Such'ballees returTl

mailenvelopescontainingtheballotsshallbedelivered

to the election official of the precinct of the resPecEive

voters. "

SecEion 8. Co.de of Alabama L975, Section 17-10-11'

is amended to read as follows:

"s 17-10-11.

"(a) For every prirnary, general, special or

municipal elecLion, there shal1 be appointed three manilgers,

tr,ro clerks and a returning officer, named and notified

as are other election officials under the general laws of

the state, who sha11 meet, 3t the regular time of closing

of Ehe election on thaE d.y, in the office of the clerk or

register for the PurPose of receiving, cor.rnting and re:urning

the ballots cast by absenE voters. The returns from the

absent box sha11 be made as required by 1aw for ail oiirer

boxes. IE shall be gnlawful for any election official or

other person to publish or make known to anyone the results

of the count of absentee votes before the po1ls c1ose.

,'(b)Nothwithstandingtheprorrisionsofsub.

section (a) of chis section, in counEies with populations

of50,00oormore,thereshallbeappoincedthreemanagers'

tvro clerks and one reEur.nin8 officer for each 200 absenEee

ballots , or fraction thereof , cast aE the election ' I:r

L2

call the name of each voler-castfu absentee ballot

with poll watchers PreseqE as may be Provide

laws of Alabqrne_gnq-gllgll oPen each return mail envelope,

review ghs arsrification docunent to certify that such vo;er

is entitled to vote and deposil the plain envelope con-

taining the absentee ba11ot into a sealed ballot box. The



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such counties, the appointing board for the election shall

meet at le_qE! four days before the elecCion, deEermine the

ntrmber of officiaLs to be apPointed and appoint and notify

them as other election officials are appointed and not:fied.

"(c) Anv person or organization authorized t-o

aDDoint Dol1 watchers under SecEions 17-6-8 or 17-I6-26 mav

have a single watcher present at the corgtting of absentee

balIots, with such righEs as are conferred bv the aforesaid

Ections and bv anv other provisionrt 't :!ate-la*.

"(e) {O_ This .section shail r ot apPly to mr:nicipal

elections in cities and torrns of less t-1an 10,000 inhabitants

which are held at a time different, from a p -imary or general

election. "

Section 9. Code of Alabama

is amended to read as follows:

"s l-7-10-L2.

"Notlessthan2Ldayspriortotheholdingof

any election to which this chapEer Pertains, or in the case

of a run-off primary election to which this chaPter per-

Ehe officer charged with the printing and distribution of

the official ballots and election supplies shall cause Lo

be delivered to the absentee election manaSer of each

counEy in which the election is held or to the Person

designated to serve in his sgead a sufficient number of

absentee ballots, envelopes and other necessary supplies '

If the absenEee elecEion manager is a candidate with opposition

in Ehe el-ection, he shall innnediately, uPon receipt of

such bal1oEs, envelopes and supplies, deliver the same

the person auLhorized Eo act in his stead, as provided

in Section 17-10-13."

Code of Alabama L975, Section 17-I0-17,

follows:

L975, Seccion L7-L0-L2,

L.)

f,)f

Section 10.

is amended to read as

tains, not more than 7 days after the first primary election



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"s 17-10-17.

"Any person who willfuIIy changes an absentee

voter's balLot Eo the extent tflat it does noE reflecE

the voter's true ballot or anv person r,iho wi1lfuIly votes

more than once by absentee in the same ere:1gign or_an:

person who wiIlfu11v vottis for another vot:r or falsifies

absentee baIlot aPplications or verification docr:ments

so as to vote absentee er-eehe:snise-vielaEes in violarion of

this chapter, upon conviction, sha11 be punished by hs=d

1aber-for-Ehe-eeuaEy - fer-aeE -nere-Ehan-12 -raenEhs impris on-

ment in the penitentiarry for not less than one nor moTe

than five vears, or by a fine of not less than $500. OC

rior net more than $2;009"09 $20,000.00, o! by being both

fined and seaEeneed-te-hard-Iaber inrprisoned. It shal1 be
' 

,rr.,r nen di t1 af c rrr ai cl or assist or to te1ltrnlawful for any candidate to aid or assist or Eo te1

or suggest the name of any candidate to any Person when he

is in the process of voting his absentee ballot before the

register or other Person authorized to administer oaths.

Any person who wi11ful1y aids any Person unlawfully to vote

an absentee ballot, aDY Person who knowingly and u:r1al-rfu11y

votes an absentee ballot and any voter rvho votes both an

absentee and a regular ballot at any election sha11 be

similarly punished."

Section 11. This act shall become effective

inunediately upon its Passage and approval by the Govelrlor,

or upon its othens-ise becoming a 1aw.