HB 142 - Elections, independent candidates for statewide office, number of names required to gain ballot access, reduced.

Sponsor(s): Rep. Cam Ward

Summary/Synopsis: Under existing law, to gain ballot access, an independent candidate for office must file a written petition signed by at least three percent of the qualified electors who cast ballots for the office of Governor in the last general election.
      This bill would reduce the number of names of qualified electors required for independent candidates for statewide office to gain ballot access.
LWVAL Action and Justification: LWVAL is monitoring HB 142.

Bill Progress in Legislature: 1st reading: 1/12/10 and assigned to

HB 145 & SB 85 - Elections, write-in candidates, registration with judge of probate or Sec. of State prior to election required, compliance with Fair Campaign Practice Act and State Ethics Law required.

Sponsor(s):
HB 145 - Rep. Charles O. Newton
SB 85 - Sen. Linda Coleman

Summary/Synopsis: Under existing law, write-in votes are permitted only in non-municipal general elections.
      This bill would require that in order to have a write-in vote counted, the voter must write the name on the ballot and register the vote by a mark in the space designated for that particular office.
      This bill would require that a write-in candidate be registered with the Secretary of State or the judge of probate as an official write-in candidate and comply with the provisions of the Fair Campaign Practices Act and the State Ethics Law in order to have his or her vote counted and would provide for a procedure for counting write-in votes.
Download original HB 145.(See Bill Progress for substitute and amendment.)
Download original SB 85.(See Bill Progress for substitute.)
(companion bills)

LWVAL Action and Justification: LWVAL is monitoring HB 145 and SB 85.

Bill Progress in Legislature:
HB 145 - 1st reading: 1/12/10 and assigned to 1/14/2010: 2nd reading and placed on calendar with one substitute (116311-3) for 3rd reading pending favorable from C&E. The substitute would further provide for the counting of write-in votes in certain general elections.
1/19/2010: 3rd reading and passed House; sent to Senate.
2/2/2010: 1st reading in Senate and referred to 2/11/2010: 2nd reading and placed on calendar with 1 amendment (118276-1); pending third read and favorable from CCFE&E with 1 amendment. 3/9/2010: 3rd read carried over to call of the Chair; CCFE&E amendment (118276-1) offered; Coleman motion to carry over to call of the Chair granted; 3rd read passed. CCFE&E tabled; motion to read 3rd time and pass adopted (29-1-0)
3/11/2010: passed second house and sent to governor.
4/01/2010: Veto message from the governor (121226-1)C. Newton motion to read a 3rd time Veto to the Contrary Not Withstanding adopted; roll call (56-17-4)
Note: The essence of the veto message is that every vote should be counted, including write-in votes.
4/13/2010: House of Origin overrides veto; Coleman motion to read a 3rd time, veto not withstanding, lost (14-12-0); T. Little motion to reconsider adopted (21-9-0); Further consideration of House of Origin overrides veto; T. Little motion to read a 3rd time, veto not withstanding, pending; Motion of T. Little postponed temporarily adopted by voice vote.

SB 85 - 1st reading: 1/12/10 and assigned to 1st committee substitute (116679-2) offered and reported from committee favorable (0-7-0)2/2/1010:2nd reading and placed on calendar with one substitute (116679-2); pending 3rd read and favorable from CCFE&E.

SB 214 - Moral turpitude defined,convicted felons involving moral turpitude, automatic restoration of voting rights upon discharge from correctional institution, legislative oversight committee established, duties to Secretary of State, retroactive effect, Restoration of Voting Rights Act.

Sponsor(s): Sen. Bobby Singleton

Summary/Synopsis: Defines moral turpitude for purposes of the Alabama Constitutional provision providing for the loss of voting rights for those convicted of crimes of "moral turpitude". 

Under existing law, there is an established procedure for the restoration of voting rights of felons who have satisfactorily completed conditions of their sentence. Restoration of voting rights is made through an application to the Board of Pardons and Parole.

Under Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a citizen loses the right to vote if convicted of a felony involving moral turpitude.

This bill would create the Alabama Restoration of Voting Rights Act.

This bill would provide for legislative findings and purposes and would provide a definition of moral turpitude that lists the crimes which disqualify otherwise eligible citizens from voting.

This bill would provide for the automatic restoration of voting rights of a person who has been convicted of a felony involving moral turpitude when he or she is discharged from incarceration.

This bill would specify responsibilities of the Secretary of State concerning such voter restoration.

This bill would amend certain existing sections of the Code of Alabama 1975, to conform with such restoration process and would amend provisions relating to absentee voting to expressly apply to persons who are eligible to vote and are incarcerated.

This bill would also establish a temporary legislative oversight committee and a task force to monitor the restoration of voting rights.

This bill would have retroactive effect.
League Action & Justification: LWVAL is monitoring SB 214. The lack of a definition in current law has resulted in varying interpretations by election officials and the wrongful loss of voting rights. This bill (and SB 218) remedies that situation and includes essentially the same crimes as ones involving moral turpitude: impeachment, treason, murder and various sex crimes including "possession of obscene matter." Both SB 214 and SB 218 greatly limit the number of felonies considered to involve moral turpitude as compared to specific Alabama Supreme Court findings. SB 214 does much more than SB 218. It provides for the automatic reinstatement of voting rights upon completion of the felon's sentence; and also requires prison officials to help with voter registration and specifically provides for absentee ballots for prisoners who have not been convicted of crimes of moral turpitude.

Bill Progress in Legislature:
1st reading: 1/12/10 and assigned to 3/10/10: SB 214 (and related SB 257) were on Senate Judiciary agenda, State House Rm 727, 11:30 AM but no action reported.

SB 257 - Definition of Moral Turpitude Act, established, crimes which disqualify citizens from voting provided,

Sponsor(s): Sen. Bobby Singleton

Summary/Synopsis: Under Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a citizen loses the right to vote if convicted of a felony involving moral turpitude.

This bill would create the Definition of Moral Turpitude Act. This bill would provide for legislative findings and purposes and would provide a definition of moral turpitude that lists the crimes which disqualify otherwise eligible citizens from voting.
League Action & Justification: LWVAL is monitoring SB 257.

Bill Progress in Legislature:
1st reading: 1/14/10 and assigned to 3/10/10: SB 257 (and related SB 214) on Senate Judiciary agenda, State House Rm 727, 11:30 AM but no action reported.

SB 218 - Definition of Moral Turpitude Act, established, crimes which disqualify citizens from voting provided

Sponsor(s): Sen. Hank Sanders

Summary/Synopsis: Defines moral turpitude for purposes of the Alabama Constitutional provision providing for the loss of voting rights for those convicted of crimes of "moral turpitude". 

Under Article VIII of the Constitution of Alabama of 1901, now appearing as Article VIII, Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a citizen loses the right to vote if convicted of a felony involving moral turpitude.

This bill would create the Definition of Moral Turpitude Act.

This bill would provide for legislative findings and purposes and would provide a definition of moral turpitude that lists the crimes which disqualify otherwise eligible citizens from voting.
League Action & Justification: LWVAL is monitoring SB 218. The lack of a definition in current law has resulted in varying interpretations by election officials and the wrongful loss of voting rights. This bill (and SB 214) remedies that situation and includes essentially the same crimes as ones involving moral turpitude: impeachment, treason, murder and various sex crimes including "possession of obscene matter." Both SB 214 and SB 218 greatly limit the number of felonies considered to involve moral turpitude as compared to specific Alabama Supreme Court findings.

Bill Progress in Legislature:
1st reading: 1/12/10 and assigned to

green-right-arrow.jpgHB 161 - Elections, write-in votes, counting further provided for -- statements of candidacy, provisional voting, absentee ballots, recount provisions

Sponsor(s): Rep. Randy Hinshaw

Summary/Synopsis: This bill would further provide for municipal elections. This bill would further provide for the affidavit relating to the statement of candidacy by candidates for municipal offices; would further provide for the appointment of election officers; would delete provisions relating to the voting of challenged ballots and certain offenses related thereto; would provide for the voting of provisional ballots if a person's name is not on the voter list used at an election; would further provide for recount procedures; would further provide for the canvassing of returns; would provide that the municipal clerk would perform duties related to absentee ballots and delete references to registers; would provide that procedures relative to electronic vote counting systems would apply to municipal elections, if practicable; and would delete certain references to municipal elections held separate from primary or general elections.
LWVAL Action and Justification: LWVAL is monitoring HB 161.

Bill Progress in Legislature: 1/12/2010: 1st reading and referred to 1/21/2010: 2nd reading and placed on calendar; 1/26/2010: 3rd reading, passed ( 99-0-1) and sent to Senate: 2/2/2010: 1st reading in Senate and referred to 2/11/2010: 2nd reading and placed on calendar with 1 amendment (118195-2) pending 3rd reac and favorable from CCFE&E with 1 amendment.4/14/2010: 3rd reading passed; CCFE&E amendment offered, motion to adopt passed (24-1-0); Motion to read amended bill a third time and pass adopted by Senate (25-0-0)
4/21/2010: Concurrence requested; Hinshaw motion to Concur In and Adopt adopted by House ((91-0-1); Enrolled and delivered to Executive Department.

HB 197 - Provides that any candidate who fails to file a final campaign finance report shall not be permitted to run for office for 4 years

Sponsor(s): Reps. Mike Ball, Mac McCutcheon, Randy Wood, Mike Hill and Mary Sue McClurkin

Summary/Synopsis: To amend Section 17-17-35, Code of Alabama 1975, relating to violations of the Fair Campaign Practices Act, to provide that failure to file the final campaign finance report or failure to file the annual campaign finance report would result in the person not being permitted to be a candidate for any election for four years after the delinquent reports are completed.
LWVAL Action and Justification: LWVAL is monitoring HB 197.

Bill Progress in Legislature: 1/12/2010: 1st Reading; 2/04/2010: 2nd reading and placed on calendar with one substitute (116976-2), pending 3rd read and favorable from C&E with one substitute. 2/11/2010: 3rd reading and passed C&E with 1 substitute (116976-2); motion to pass adopted; Newton (D) amendment (118327-1) offered and passed; 3rd reading and passed; sent to the Senate; 3/11/2010: 1st read and referred to 3/25/2010: 2nd read and placed on calendar, pending 3rd read and favorable from CCFE&E

HB 227 and SB280 - Elections, photo identification required, Public Safety Department required to issue identification cards to persons without photo identification,

Sponsor(s):
HB227 - Reps. Gerald Allen, Hammon, Wood, Bridges, Sanderford, McCutcheon, Hill, Ison, Mask, Grimes, McClendon, Davis, Clouse, Beck, Moore (P), Treadaway, Drake, Wren, Thomas (E), Canfield, Love, Ball, Williams (P), McClurkin, McMillan, Shiver, Fincher, Oden and Collier

SB280 - Sen. Larry Dixon

Summary/Synopsis:
This bill would require proof of photo identification with limited exceptions for persons wishing to vote.

This bill would require the Department of Public Safety to issue photo identification cards at no charge to individuals who have no valid photo identification.
LWVAL Action and Justification: LWVAL is monitoring HB 227 and SB 280.

Bill Progress in Legislature:
HB 227 - 1/12/2010: 1st reading and referred to 2/17/2010: 2nd reading and placed on calendar pending 3rd reading and favorable from C&E

SB 280 - 1/19/2010: 1st reading and referred to

HB 300 - Constitutional; Amendment: Would prohibit the Legislature from passing a special, private, or local law restoring a felon's right to vote and to provide that any person who is convicted of a felony is not a qualified elector until he or she has his or her civil and political rights or voting rights restored.

Sponsor(s): Rep. Randy Wood

Summary/Synopsis: This bill would propose an amendment to Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and Section 177 of the Constitution of Alabama of 1901, as amended by Amendment 579, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to prohibit the Legislature from passing a special, private, or local law restoring a felon's right to vote and to provide that any person who is convicted of a felony is not a qualified elector until he or she has his or her civil and political rights or voting rights restored.
LWVAL Action and Justification: LWVAL is monitoring HB 300.

Bill Progress in Legislature: 1/14/2010: 1ST reading and referred to

HB 320 - Elections, absentee voter and provisional absentee voter, identification at time of application required, reidentification of inactive absentee applicants provided for,

Sponsor(s): Reps. Cam Ward, Mike Hill, James M. "Jimmy" Martin

Summary/Synopsis:
Under existing law, a voter voting by absentee ballot is required to submit valid photo identification when submitting a completed ballot.

This bill would require a voter voting by absentee ballot to submit valid photo identification when making application to vote by absentee ballot and by absentee provisional ballot.

This bill would also provide for the reidentification of inactive absentee applicants who appear on the state voter registration list in the precinct in which they seek to vote.

LWVAL Action and Justification:
LWVAL is monitoring HB 320.

Bill Progress in Legislature: 1st reading: 1/19/10 and assigned to

green-right-arrow.jpgHB 333 - Elections, computerized statewide voter registration list, residential address of domestic violence victims omitted,

Sponsor(s): Reps. James M. "Jimmy" Martin
and Cam Ward

Summary/Synopsis: Under existing law, a computerized statewide voter registration list is maintained by the Secretary of State.

This bill would require, upon written affidavit, the omission of the residential address of any registered voter who is a victim of domestic violence or who is the custodian of a minor victim of domestic violence.
LWVAL Action and Justification: LWVAL is monitoring HB 333

Bill Progress in Legislature: Elections     1/19/2010: 1st reading; 1/28/2010: 2nd reading and place on calendar; pending 3rd read and favorable from 4/13/2010: motion to read a 3rd time and pass adopted (95-0-1); 4/14/2010: 1st read in Senate and referred to

SB 210 - Elections, political candidates, campaign contributions and expenditures, failure to file final or annual campaign finance report, penalties, Sec. 17-17-35 am'd. Bill bars candidates who fail to file report from running again for 4 years.

Sponsor(s): Sen. Arthur Orr

Summary/Synopsis: Under existing law, failure to file a reporting requirement of the Fair Campaign Practices Act is a Class A misdemeanor.

This bill would provide that failure to file the final campaign finance report or failure to file the annual campaign finance report would result in the person not being permitted to be a candidate for any election for four years after the reports are due.
LWVAL Action and Justification: LWVAL is monitoring SB 210.

Bill Progress in Legislature: 1/12/2010: 1st reading and referred to

SB 160 - Municipal elections, further provided for, statements of candidacy, provisional voting, absentee ballots, recount provisions.

Sponsor(s): Sen. Marc Keahey

Summary/Synopsis: This bill would further provide for municipal elections. This bill would further provide for the affidavit relating to the statement of candidacy by candidates for municipal offices; would further provide for the appointment of election officers; would delete provisions relating to the voting of challenged ballots and certain offenses related thereto; would provide for the voting of provisional ballots if a person's name is not on the voter list used at an election; would further provide for recount procedures; would further provide for the canvassing of returns; would provide that the municipal clerk would perform duties related to absentee ballots and delete references to registers; would provide that procedures relative to electronic vote counting systems would apply to municipal elections, if practicable; and would delete certain references to municipal elections held separate from primary or general elections.
Download SB 160. (See Bill Progress for amendment.)

LWVAL Action and Justification: LWVAL is monitoring SB 160.

Bill Progress in Legislature: 1/12/2010: 1st reading and referred to 2/11/2010: 2nd reading and placed on calendar with 1 amendment (118194-3); pending 3rd read and favorable from CCFE&E with 1 amendment.

SB 173 - Campaign contributions, limited for candidates for Alabama Supreme Court, Court of Civil Appeals, Court of Criminal Appeals, circuit courts, district courts

Sponsor(s): Sen. Rodger Smitherman

Summary/Synopsis: Under existing law, there is no restriction regarding the amount of contributions by an individual, political action committee, or political party to candidates for the Alabama Supreme Court, Alabama Court of Appeals, Alabama Court of Criminal Appeals, circuit courts, or district courts. Corporations are limited to contributions of five hundred dollars.

This bill would impose a limitation on contributions by individuals, political action committees, and political parties to candidates for election to the circuit or district courts in the amount of two thousand dollars per election, and a limitation on contributions by individuals, political action committees, and political parties to candidates for election to the Alabama Supreme Court, Alabama Court of Appeals, or Alabama Court of Criminal Appeals in the amount of five thousand dollars per election.

This bill would provide a mechanism for increasing the allowed contribution amount based on the application of the consumer price index.
LWVAL Action and Justification: LWVAL is monitoring SB 173.

Bill Progress in Legislature: 1/12/2010: 1st reading and referred to

SB 220 - Pardons and Paroles Board, restoration of voting rights, application for Certificate of Eligibility to Register to Vote, requirements to include payment of required fines, court costs, fees, and victim restitution for three months immediately prior to application,

Sponsor(s): Sen. Hank Sanders

Summary/Synopsis: Under current law, individuals convicted of felonies involving moral turpitude may only regain the right to vote after they complete several requirements, including paying all fines, court costs, fees, and victim restitution.

This bill would allow an applicant who has made required monthly payments as ordered by the court for the three months prior to application to be eligible for the restoration of voting rights.
LWVAL Action and Justification: LWVAL is monitoring SB 220.

Bill Progress in Legislature: 1/12/2010: 1st Reading and referred to 3/23/2010: 2nd read and placed on calendar, pending 3rd read and favorable from CCFE&E

SB 221 - Pardons and Paroles Board, restoration of voting rights, application for Certificate of Eligibility to Register to Vote, requirements to include payment of all fines, costs, fees, and victim restitution for any disenfranchising convictions, This bill would specify that only those fines, costs, fees, and victim restitution associated with convictions resulting in disenfranchisement are to be considered when determining whether the person is eligible to regain the right to vote.

Sponsor(s): Sen. Hank Sanders

Summary/Synopsis: Under current law, individuals convicted of felonies involving moral turpitude may only regain the right to vote after they complete several requirements, including paying all fines, court costs, fees, and victim restitution. The Attorney General has interpreted this to require the payment of all court ordered payments related to any convictions of the individuals including convictions that did not cause disenfranchisement, such as felonies that do not involve moral turpitude and misdemeanors.

This bill would specify that only those fines, costs, fees, and victim restitution associated with convictions resulting in disenfranchisement are to be considered when determining whether the person is eligible to regain the right to vote.
LWVAL Action and Justification: LWVAL is monitoring SB 221.

Bill Progress in Legislature: 1/12/2010: 1st Reading and referred to 3/23/2010: 2nd read and placed on calendar, pending 3rd read and favorable from CCFE&E

SB 452 - Legislature, eligibility requirements to include minimum credit score of certain number, Section 47 (Section 47, Recompiled Constitution of Alabama of 1901, as amended), am'd., const. amend.

Sponsor(s): Sen. Trip Pittman

Summary/Synopsis: This bill would propose a constitutional amendment to require a candidate for the Legislature to have a certain credit score as reported by a nationally recognized consumer credit reporting agency. The bill requires state legislators to have a minimum credit score of 650.
LWVAL Action and Justification: LWVAL is monitoring SB 452.

Bill Progress in Legislature: 2/18/2010: 1st Reading and referred to