LWVAL Action Priority Level II - Monitoring occurs; action dependent on opportunity and available resources.
Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.
Legend: = LWVAL's support for the legislation. = LWVAL's opposition to the legislation. = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.
LWVAL has taken a position on these bills:
SB221 - Elections, political parties and independent candidates for statewide office, number of names required to gain ballot access, reduced, Secs. 17-6-22, 17-9-3 am'd.
Sponsor(s): Senators Ward, Sanford, Glover, and Whatley
Summary/Synopsis: Under current law, independent candidates who wish to appear on the ballot must present petitions containing names amounting to at least 3% of the number of votes cast in the relevant district in the last gubernatorial election. This bill would reduce the required number of names to an amount equal to 1 1/2% of the relevant votes cast. It also lengthens the amount of time allowed for submitting petitions.
League Action and Justification: Support This bill encourages additional candidates to run for office and increases the openness of the political process.
HB63 - Legislature, elections, vacancy in office of senator or representative, Governor to fill vacancy if it occurs after the last day of third regular session in any quadrennium, Sec. 17-15-1 am'd.
Sponsor(s): Representative Polizos
Summary/Synopsis: This bill clarifies that the governor shall call a special election to fill a vacancy for a senator or representative in the State Legislature if the vacancy occurs before the last day of the 3rd regular session of the quadrennium. Under current law, a special election must be called if the vacancy occurs when the legislature will be in session again before the next scheduled election.
League Action and Justification: Oppose. This would mean that if the vacancy occurs between the third and fourth regular session, there is no special election. This could potentially leave a vacancy in place for an entire session, depriving the constituents of that seat their proper representation. Rep. Polizos’ solution which League also opposes is outlined in HB64 (see below). Bill Progress in Legislature: 03/03/2015: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E).
HB64 (Constitutional Amendment) - Legislature, fill vacant position in certain circumstances, Section 46 (Section 46, Recompiled Constitution of Alabama of 1901, as amended) am'd., const. amend.
Sponsor(s): Representative Polizos
Summary/Synopsis: This bill proposes a constitutional amendment providing that if the vacancy occurs after the end of the third regular session of the quadrennium, the governor shall appoint a replacement from a list of 3 candidates submitted by the same party as the vacating official. If the vacating official was not connected to a political party, the governor shall appoint someone from the same legislative district who has not, for the previous 6 months, been a member of a political party. The appointed person may not then run for the office to which he or she is being appointed.
League Action and Justification: Oppose. This bill replaces the electorate with political party elites and the governor serving as the decision-makers.
HB177 - Elections, notification of absentee voter of defective and uncounted ballot, Sec. 17-11-10 am'd.
Sponsor(s): Representative Ball
Summary/Synopsis: Under this proposal, if an absentee ballot is rejected, either because it is not properly witnessed, or for any other legal reason, the voter is to be notified by mail, within 10 days after the election, and told why the ballot was not accepted and counted. League Action and Justification: Support This bill would improve transparency.
04/02/2015: 2nd Reading and placed on the Calendar with 1 CC&E Amendment (165931-2); pending 3rd Read and Favorable from CC&E with 1 Amendment.
Note: The amendment requires the election official who rejected the ballot to sign the notification received by the voter.
04/21/2015: 3rd Reading Passed; CC&E Amendment (165931-2) Offered; Motion to Adopt Adopted by Roll Call; Drummond Amendment (168036-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass Adopted by Roll Call; Engrossed Senate: 06/02/2015: Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E).
SB148 - Voting, presidential elections, nominating petitions must be filed with Secretary of State no later than 82 days preceeding the elections, petitions filed with party chair 116 days before elections, names withdrawn within 76 days of elections, Secs. 17-13-102, 17-13-104, 17-13-105, 17-14-31 am'd.
Sponsor(s): Senator Dial Summary/Synopsis: Although the description in the bill says that the bill is to "provide for deadlines" related to presidential primary elections in Alabama, the bill actually changes existing deadlines. Petitions for inclusion in the primary must be filed with the state party chair at least 116 days before the election. (Previously, the deadline had been 90 days.) Candidates, who wish to withdraw their names, must file for withdrawal at least 76 days before the election. (Previously it had been 60 days.). Political parties must file resolutions with information on how electors are to be instructed and bound with the Secretary of State at least 116 days before the election. (Previously it had been 60 days.) Certificate of nomination must be filed with the secretary of state no later than 82 days prior to the general election. (Previously, the deadline had been Sept. 6.)
League Action and Justification: Oppose These shortened deadlines make the nomination process more difficult. Bill Progress in Legislature: 03/05/2015: First Reading and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E). 03/18/2015: 2nd Read and Placed on the Calendar; pending 3rd Reading and Favorable from CE&E
05/19/2015: 3rd Reading passed; Motion to Read a 3rd Time and Pass adopted by Roll Call
05/26/2015: 2nd Read and placed on the Calendar; pending 3rd Read and Favorable from CC&E
06/04/2015: 3rd Read Passed; Motion to Read a 3rd Time and Pass adopted Roll Call; Signature Requested Senate: 06/04/2015: Passed 2nd House; Enrolled; Forwarded to Governor at 7:15 p.m. on June 4, 2015
HB204 - Voters list, Secretary of State, removing provision of law allowing free copies of voter lists for members of Legislature, Sec. 17-4-38 am’d.
Sponsor(s): Representative Wingo
Summary/Synopsis: Currently, legislators may receive, at no cost, two copies of the printed list of voters in their districts. Others need to pay for these lists. This would remove the provision for free copies. Legislators would have to pay for the lists.
League Action and Justification: Support The current law gives incumbents an advantage over challengers for office by providing the voter lists for free. For this reason, the elimination of the free lists is supported by League. On the other hand, providing sitting legislators with free lists of voters theoretically encourages legislators to communicate with the voters in their district, but it is unclear if this actually occurs.
Bill Progress in Legislature: 03/10/2015: First Reading and referred to the House Committee on Constitution, Campaigns and Elections (CC&E). 04/02/2015: 2nd Read and Placed on the Calendar with 1 Amendment (166701-2) from CC&E; pending 3rd Reading and Favorable from CC&E with 1 Amendment
Note: Amendment requires a free copy of voter lists be given to each legislator within 90 days of her/his assuming office. 04/16/2015: 3rd Reading Passed; CC&E Amendment Offered: Motion to Adopt adopted by Roll Call Vote; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote; Engrossed
04/28/2015: 2nd Read and placed on the calendar; pending 3rd Read and favorable from GA
05/05/2015: 3rd Reading Carried Over to Call of the Chair; Beasley motion to Carry Over to the Call of the Chair adopted by Voice Vote; Further Consideration
05/26/2015: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call; Signature requested
House:
05/26/2015: Passed 2nd House; Enrolled; Clerk of the House Certification; Engrossed; Delivered to Governor at 6:12 p.m. on May 26, 2015.
HB254 - Elections, Secretary of State authorized to share voter lists with other states free of charge, state agencies and Dept. of Public Safety to provide information and data to Secretary of State to maintain voter registration database, Sec. 17-4-38 am'd.
Synopsis: The Secretary of State would be permitted to provide lists of registered voters, at no cost, to other states that will provide their lists for free to Alabama. The law to which this is being added requires the Department of Public Safety and other agencies to provide information that is relevant to voter registration to the Secretary of State. It also requires County Boards of Registrars to contact voters if information provided to it indicates that the voter's residence is outside the county, unless the voter has subsequently registered elsewhere. These provisions are not changed by this bill. [This is the same statute that is addressed in HB204 above and does not address elimination of the provision of free lists to legislators.]
League Action and Justification: Support This legislation is an attempt to cooperate with other states in cleaning up voter registration lists, In general League supports inter-state cooperation in cleaning up voter lists.
03/18/2015: 2nd Reading and placed on the Calendar with 1 Amendment (166099-1) from CC&E; Pending 3rd Reading and Favorable from CC&E with 1 Amendment.
04/21/2015: CC&E Amendment (166099-1) Offered; 3rd Reading Passed; CC&E Amendment (166099-1) Offered; Ainsworth Motion to Table adopted by Roll Call; Ainsworth 1st Amendment (167610-1) Offered; Motion to Adopt adopted by Roll Call; Ainsworth 2nd Amendment (167209-3) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Engrossed.
SENATE:
04/21/2015: Read for the first time and referred to the Senate Committee on [Not listed]
06/03/2015: 2nd Read and placed on the calendar; pending 3rd Read; 3rd Read Passed; Motion to Read a Third Time and Pass adopted by Roll Call; Signature Requested.
House: 06/04/2015: Passed Second House; Clerk of the House Certification; Enrolled; Delivered to Governor at 4:16 p.m. on June 4, 2015
Summary/Synopsis: This revises the Fair Campaign Practices Act. While it does include several useful clarifications, it also provides that legal fees and costs associated with any legal action related to conduct reasonably related to performing the duties of the office held, as well as civil penalties for such actions, may be paid out of campaign funds. It decreases the civil penalties for failure to properly report contributions and expenditures. It sets up a State Campaign Finance Commission comprised of 2 persons appointed by the Governor, 1 appointee of the Secretary of State, 1 appointee of the Speaker Pro Tem of the Senate, and 1 appointee of the Speaker of the House (at this time that would mean all members are from the same party).
League Action and Justification: Oppose This appears to be a step backward on transparency.
Bill Progress in Legislature: 03/17/2015: Read for the First Time and referred to the Senate Committee on Constitution, Ethics and Elections (CE&E). 04/09/2015: 2nd Read and placed on the Calendar with 1 Substitute; pending 3rd Read and Favorable from CE&E with 1 Substitute; CC&E 1st Substitute (167148-2) Offered
05/05/2015: 3rd Reading Carried Over to Call of the Chair; CC&E 1st Substitute (167148-2) Offered; Motion to Adopt adopted by Roll Call; Orr motion to Carry Over to the Call of the Chair adopted Voice Vote;
05/07/2015: 3rd Reading Carried Over to Call of the Chair; Singleton Amendment (168814-1) Offered; Motion to Adopt adopted by Roll Call; Orr motion to Carry Over to the Call of the Chair adopted Voice Vote; Further Consideration
05/19/2015: 3rd Reading Carried Over to Call of the Chair; Orr motion to Carry Over to the Call of the Chair adopted by Voice Vote; 3rd Reading Passed; Smitherman Amendment (169122-3) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Engrossed
05/21/2015: Read for the 2nd time and placed on the Calendar; pending 3rd Read and Favorable from E&CF
06/04/2015: 3rd Reading Open; Hammon motion to Carry Over Temporarily adopted by Voice Vote; 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call; Signature Requested.
Senate:
06/04/2015: Passed Second House; Enrolled; Delivered to Governor at 8:17 p.m. on June 4, 2015
HB451 - Elections, write-in candidate to file request with Secretary of State, required, Sec. 17-6-28 am'd.
Sponsor: Rep. Hill
Summary/Synopsis: This bill would require anyone wishing to be a write-in candidate to register with the Secretary of State or Judge of Probate at least 60 days before the election. The candidate also must comply with the Fair Campaign Practices Act and the State Ethics laws. If these requirements are not met, the votes for him or her will not be counted.
League Action and Justification: Oppose
While it is always good to require candidates to comply with Fair Campaign Practices and Ethics laws, this registration requirement would restrict the ability to be a write-in candidate, and more importantly, to have one's vote counted if a voter wished to write-in a candidate.
04/23/2015: 2nd Read and placed on the Calendar with 1 Amendment; pending 3rd Read and Favorable from CC&E with 1 Amendment; CC&E first Amendment (168099-1) Offered
The amendment makes the deadline date for registration of a write-in candidate the same as for an Indep. Candidate.
05/14/2015: 3rd Reading Passed; CC&E Amendment (168099-1) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Cosponsors Added; Engrossed.
Senate:
05/14/2015: Read for the First Time and referred to the Senate Committee on [not listed]
HB503 - Elections, write-in votes, procedures to count, duties to judge of probate in co. elections, Secretary of State for state election, Secs. 17-6-28, 17-12-1 am'd.
Sponsor(s): Rep. Hill (M)
Summary/Synopsis: This would provide that write-in votes would be counted along with provisional ballots, but only if the number of write in votes for a particular office is equal to or greater than the difference in the number of votes gained by the top two finishers.
HB517 - Voter registration list, notice provided to all persons whose names are purged from list, Sec. 17-4-3 am'd.
Sponsor(s): Representative Scott
Summary/Synopsis: The Secretary of State would be required to notify anyone whose name is purged from the list of eligible voters for any reason other than death.
HB529 - Voting, establish universal voting procedure for
Sponsor(s): Representative Melton
Summary/Synopsis: This bill would require the Alabama Law Enforcement Agency to provide the Secretary of State with the pertinent information about anyone who has received an Alabama Drivers License or a non-driver ID, so that the individual can be automatically registered to vote, if he or she is not yet registered. The Judge of Probate would be required to provide the individual with information about how to decline registration. If it is not declined within 21 days, he or she is deemed registered.
HB33 - Board of registrars, barred from running for elective public office, automatic termination, Secs. 17-3-2, 17-3-3 am'd.
Sponsor(s): Representative Fincher
Summary/Synopsis: Under current law, a member of the board of registrars may not hold public office. This would require any board member to resign if he or she declares candidacy for nomination or election to public office.
03/11/2015: 2ND Read and placed on the Calendar; Pending 3rd Reading and Favorable from CC&E
04/21/2015: 3rd Read Passed; Holmes (A) Motion to Carry Over Temporarily lost by Voice Vote; Motion to Read a 3rd Time and Pass adopted by Roll Call; Read
Sponsor(s): Representatives Ball, McMillan and Standridge
Summary/Synopsis: Under this bill, the winner of the largest number of votes in a primary would be declared the winner of the primary. A majority of the votes is not necessary. It would eliminate runoffs in primary elections.
HB103 - Elections, voter registration lists, publication by judge of probate on website of co. or Association of Co. Commissioners website, comp., Secs. 17-4-1, 17-4-10, 17-9-5 am'd.
Sponsor(s): Representatives Sanderford, McCutcheon, Patterson, Hanes, Greer, Pettus, Williams (P), Ball, Rich, Sessions, Henry, Wood, Chesteen, Harper, Millican, Gaston, Butler, Tuggle, Johnson (K) and Brown
Summary/Synopsis: Rather than posting the names of qualified voters, notice of elections and lists of inspectors and clerks of election in local newspapers, this provides that these lists may be posted on the county website, or, if there is no such website, on the website of the Association of County Commissions. Copies must be made available at reasonable cost and notice of where these lists are posted and how to obtain copies must be posted in the newspapers.
League Action and Justification: Monitor Obviously, this is a cost savings for counties and also reflects the closing of many newspapers in the state. It may, however, make it more difficult for voters to verify for themselves that they are registered voters in the correct precinct.
03/11/2015: 2ND Read and placed on the Calendar; Pending 3rd Reading and Favorable from C&MG
03/19/2015: 3rd Reading Carried Over; Sanderford motion to Carry Over Temporarily adopted Voice Vote
04/02/2015: Third Reading Carried Over; England Amendment (167038-1) Offered; Sanderford Motion to Table adopted by Roll Call Vote; Sanderford motion to Carry Over Temporarily adopted by Voice Vote; Further Consideration
Summary/Synopsis: This bill would provide for early voting by opening voting for 5 days, from the previous Friday through the first Tuesday after the first Monday in November. All polls would be open from 7am to 7pm.
Early voting would make it easier and more convenient to vote, and the League supports early voting. However, the process described in this bill raises serious questions, including but not limited to staffing, cost, and ballot box security.
The National Conference of State Legislatures website summaries how early voting is done throughout the nation as follows: Two-thirds of the states--33, plus the District of Columbia--offer some sort of early voting. Early voting allows voters to visit an election official’s office or, in some states, other satellite voting locations, and cast a vote in person without offering an excuse for why the voter is unable to vote on election day. Some states also allow voters to receive, fill out and cast their absentee ballot in person at the elections office or at a satellite location rather than returning it through the mail. This is often referred to as in-person absentee voting. Satellite voting locations vary by state, and may include other county and state offices (besides the election official’s office), grocery stores, shopping malls, schools, libraries, and other locations. Source: http://www.ncsl.org/research/elections-and-campaigns/absentee-and-early-voting.aspx The same website outlines other voting procedures in use throughout the nation.
HB359 - Electronic poll books in lieu of printed lists of qualified voters at polling place, Sec. of State authorized to implement pilot program, Sec. 17-4-2.1 added; Sec. 17-4-2 am'd.
Sponsor: Representative Polizos
Summary/Synopsis: This bill would authorize a pilot program to replace the printed lists of registered voters used at the polling places with electronic poll books, containing the same information. The pilot program would involve 4-8 counties, of differing sizes, throughout the state.
Recommendation: Monitor There is no LWVAL position on this issue, but it seems a reasonable step into the 21st century. We will follow its progress in the legislature and monitor its implementation, should it pass.
04/30/2015: 2nd Read and placed on the calendar with 1 Substitute (167962-3) from CC&E; 1st CC&E Substitute offered.
05/14/2015: 3rd Reading Passed; CC&E 1st Substitute (167962-3) Offered; Motion to Adopt adopted by Roll Call; Drummond amendment (169504-1) Offered; Motion to Adopt adopted by Roll Call; Knight Amendment (169485-1) Offered; Polizos Motion to Table adopted by Roll Call; Motion to Read a 3rd time and Pass adopted by Roll Call; Cosponsors Added; Engrossed.
06/03/2015: 2nd Read and placed on the Calendar; pending 3rd Read and Favorable from CE&E
06/04/2015: Motion to Read a Third Time and Pass lost Roll Call; Lost in 2nd House.
Redistricting Bills:
HB524 - Senate, redistricting, Sec. 29-1-2.3 repealed, Sec. 29-1-2.3 added
HB525 - House of Representatives, redistricting, Sec. 29-1-1.2 repealed, Sec. 29-1-1.2 added
HB544 - Senate, redistricting, Sec. 29-1-2.3 repealed, Sec. 29-1-2.3 added
HB545 - House of Representatives, redistricting, Sec. 29-1-1.2 repealed, Sec. 29-1-1.2 added
SB400 - Senate, redistricting, Sec. 29-1-2.3 repealed, Sec. 29-1-2.3 added
SB401 - House of Representatives, redistricting, Sec. 29-1-1.2 repealed, Sec. 29-1-1.2 added
SB412 - House of Representatives, redistricting, Sec. 29-1-1.2 repealed, Sec. 29-1-1.2 added
SB413 - Senate, redistricting, Sec. 29-1-2.3 repealed, Sec. 29-1-2.3 added
HB524 Sponsor(s): Representatives McClammy, Knight, Coleman-Evans, Robinson, England, Forte, Moore (M), Rogers, McCampbell, Lawrence, Drummond, Warren, Scott, Alexander, Bracy, Buskey, Todd, Boyd, Clarke, Melton, Howard, Jackson, Ford, Hall, Daniels and Black HB525 Sponsor(s): Representatives Knight, McClammy, Coleman-Evans, Warren, Drummond, Lawrence, Clarke, McCampbell, Rogers, Moore (M), England, Forte, Scott, Alexander, Buskey, Bracy, Robinson, Todd, Boyd, Melton, Howard, Jackson, Ford, Hall, Daniels and Black HB544 Sponsor(s): Representatives McClammy, Knight, Melton, Clarke, Forte, Drummond, Warren, Lawrence, Howard, Buskey, Grimsley, Alexander, Moore (M), Robinson and Rogers HB545 Sponsor(s): Representatives Knight, McClammy, Melton, Hall, Clarke, Forte, Drummond, Warren, Lawrence, Howard, Buskey, Grimsley, Alexander, Moore (M), Robinson and Rogers SB400 Sponsor(s): Senators Smitherman, Dunn, Coleman, Singleton, Figures, Sanders, Beasley and Ross SB401 Sponsor(s): Senators Smitherman, Dunn, Coleman, Singleton, Figures, Sanders, Beasley and Ross SB412 Sponsor(s): Senators Smitherman, Singleton, Ross, Dunn, Figures, Coleman, Beasley and Sanders SB413 Sponsor(s): Senators Smitherman, Singleton, Dunn, Ross, Coleman, Figures, Beasley and Sanders
Summary/Synopsis: These bills are in response to the action by the U.S. Supreme Court vacating and remanding the judgment approving the 2012 redistricting of the Alabama House and Senate after the 2010 census. They variously set out new districts for both the House and Senate, establish the Circuit Court in Montgomery as the venue for any challenge to these districts, and instruct the Attorney General of Alabama to submit these plans to the U.S. District Court in settlement of the pending litigation brought by the Black Caucus. Since they all appear to be sponsored by the same legislators in the House and in the Senate, the plans appear to be comparable.
League Action and Justification: Monitor
League positions would strongly encourage fair and equitable redistricting of the legislature, but we are not in a position to carefully review and make a decision about the plan herein submitted.
Bill Progress in the Legislature: All of these bills have had their first reading on April 21 or April 23 and have been submitted to the House Committee on Constitution, Campaigns, and Elections (CC&E) or the Senate Committee on the Judiciary (JUDY)
As of 05/07/2015 there was no movement on these bills, and we anticipate no movement on reapportionment this session because the U.S. District Court has not acted on the U.S. Supreme Court remand of the reapportionment case to it.
= LWVAL's support for the legislation. 
= LWVAL's opposition to the legislation.
= new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.