HB 209 — Relating to voting; to prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances; to provide for exceptions; to prohibit a person from receiving a payment or providing a payment to another person for distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstance; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

HB209 INTRODUCEDENGROSSED 5CED33-15CED33-2 By Representatives Kiel, Mooney, Stadthagen, Lipscomb, Sells, 3 Butler, Shaw, Simpson, Kirkland, Shirey, Rigsby, Estes, DuBose, Garrett, Lamb, Moore (P), Stringer, Marques, Carns, Underwood, Lomax, Wood (D), Brown, Ledbetter, Cole, Standridge, Stubbs, Hulsey, Shedd, Colvin, Gidley, Wilcox, Collins, Kitchens, Whorton, Harrison, Yarbrough, Crawford, Woods, Bedsole, Fidler, Fincher RFD:

23-Mar-23 Page2023 0Regular 5CED33-1Session 03/06/2023Page CNB0 (L)bmHB209 2023-932Engrossed 2 4 SYNOPSIS:A BILL TO BE ENTITLED AN ACT 8 Relating to voting;

Thisto bill would prohibit any person from distributing, ordering, requesting, collecting, completing,prefilling, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstancescircumstances; and would provide for exceptions.

This bill would prohibit any person from receiving a payment or providing a payment to another person for distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances.

This bill would also establish criminal penalties for violations.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:

it comes within one of a number of specified exceptions;

it is approved by the affected entity;

or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to Page 1 HB209 INTRODUCED require a new or increased expenditure of local funds within the meaning of the amendment.

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT Relating to voting;

to prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances;

to prohibit a person from receiving a payment or providing a payment to another person for distributing, ordering, requesting, collecting, prefilling, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstance;

(a) Except as provided in subsection (c), it shall be unlawful for any person to knowingly distribute, Page 2 HB209 INTRODUCED order, request, collect, complete,prefill, obtain, or deliver an absentee ballot application or absentee ballot in addition to his or her own absentee ballot application or absentee ballot.

Page 1 HB209 Engrossed (c) Any voter requiring assistance in ordering, requesting, completing, obtaining, or delivering an absentee ballot application may gain assistance from any of the following:

(2) A resident of the household who has resided with the voter for more than six months immediately prior to the voter submitting his or her absentee ballot applicationapplication. or absentee ballot.

(5) The absentee election manager for the county in which the elector resides for statewide elections.

(7) A guardian, conservator, or other individual Page 3 HB209 INTRODUCED appointed by order of the probate court.

(a) It shall be unlawfulan foraffirmative adefense thirdunder partySection to1 knowinglyif receivean individual, of the voter's choosing, provides assistance to a paymentvoter fordue distributing,to ordering,the requesting,voter collecting,being completing,blind, obtaining,disabled, orPage delivering2 anotherHB209 voter'sEngrossed absenteeor ballotunable applicationto read or absenteewrite, ballot.pursuant to 52 U.S.C.

(b)§ It10508. shall be unlawful for a person to knowingly pay 95 a third party to distribute, order, request, collect, complete, obtain, or deliver another voter's absentee ballot application or absentee ballot.

Section 3.

(a) It shall be unlawful for a third party to knowingly receive a payment for distributing, ordering, requesting, collecting, completing, prefilling, obtaining, or delivering another voter's absentee ballot application or absentee ballot.

(b) It shall be unlawful for a person to knowingly pay a third party to distribute, order, request, collect, prefill, complete, obtain, or deliver another voter's absentee ballot application or absentee ballot.

Section 3.

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.

Section 5.

Page 43 HB209 Engrossed 81 House of Representatives Read for the first time and referred ................23-Mar-23 to the House of Representatives committee on Judiciary 87 Read for the second time and placed ................19-Apr-23 on the calendar:

1 amendment 91 Read for the third time and passed ................04-May-23 as amended Yeas 76 Nays 28 Abstains 1 97 John Treadwell Clerk Page 4