Voting Access and Process
LWVAL Action Priority Level I (Highest) - Monitoring and action of highest priority. Major area for resource expenditures.Click a bill to see sponsor(s), synopsis, link to the bill, 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.Contact information for legislators and committees referenced in the bills below:
Representatives Standing House Committees Senators Standing Senate Committees Find my legislators
LWVAL has taken a position on these bills:
HB213 - Elections, notification of absentee voter of defective and uncounted ballot, Sec. 17-11-10 am'd.
Sponsor(s): Representative Ball
Synopsis and Analysis : This bill requires absentee an election manager to notify voters by mail if their absentee ballot was not counted. It also appears to increase restrictions on current absentee ballot requirements.
Absentee ballots may be thrown out if not properly witnessed by two witnesses 18 years or older, or a notary public, or a military officer commissioned to acknowledge oaths.
Under this bill, notice of a ballot rejected for this reason must be sent within 30 days via first class mail to the voter stating why the ballot was rejected.
League Action and Justification: Support. This improves transparency.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
Synopsis and Analysis : This bill requires absentee an election manager to notify voters by mail if their absentee ballot was not counted. It also appears to increase restrictions on current absentee ballot requirements.
Absentee ballots may be thrown out if not properly witnessed by two witnesses 18 years or older, or a notary public, or a military officer commissioned to acknowledge oaths.
Under this bill, notice of a ballot rejected for this reason must be sent within 30 days via first class mail to the voter stating why the ballot was rejected.
League Action and Justification: Support. This improves transparency.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
HB239 - Voter registration, procedures to maintain voter registration database revised, Sec. 17-4-30 am'd.
Sponsor(s): Representative Beckman
Synopsis and Analysis : This bill revises procedures for Boards of Registrars to update active voter rolls database. Instead of using a non-forwardable postcard with confusing instructions mailed to voters to confirm active status, relies on US Postal Service change of address forms to target postcards to only selected voters to verify their change of address.
League Action and Justification: Support. The current system of mailing a non-forwardable postcard to voters with confusing instructions about not returning to remain active was shown to be ineffective and problematic in recent elections. A system that relies on convoluted and confusing rules to maintain active registration status enables voter suppression. This bill lays out a more reasonable and moderate alternative wherein only people who requested a change of address would be targeted to confirm their registration status.
Bill Progress in Legislature:
01/18/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
02/01/2018 - Read for the second time and placed on the calendar; pending 3rd reading on day 9; favorable from CC&E
Synopsis and Analysis : This bill revises procedures for Boards of Registrars to update active voter rolls database. Instead of using a non-forwardable postcard with confusing instructions mailed to voters to confirm active status, relies on US Postal Service change of address forms to target postcards to only selected voters to verify their change of address.
- Using information from the US Postal Service or "other reliable sources as determined by the Secretary of State," the SOS office will id voters who may have moved.
- If new address is still in the jurisdiction of the same Board of Registrars' office, they shall change the address and mail notification of said change with a forwardable, prepaid, pre-addressed envelope to verify the change of voter registration information.
- If new address is in a different jurisdiction with a new Board of Registars' office, the voter will be notified that they must update their registraton information before 2 general election cycles have passed in order to be eligible to vote, or must otherwise notify the board of registars that they have not moved and the change of address was in error.
- If the voter has not updated their voter registration within 2 general election cycles after the notification, and also does not vote, their name shall be removed from the voter rolls.
- If the voter participates in an election within 2 general election cycles, they shall remain as an active voter on the rolls.
- If voter does not respond or the postcard is returned as undeliverable, the registrars shall mark the voter as "Confirm"
League Action and Justification: Support. The current system of mailing a non-forwardable postcard to voters with confusing instructions about not returning to remain active was shown to be ineffective and problematic in recent elections. A system that relies on convoluted and confusing rules to maintain active registration status enables voter suppression. This bill lays out a more reasonable and moderate alternative wherein only people who requested a change of address would be targeted to confirm their registration status.
Bill Progress in Legislature:
01/18/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
02/01/2018 - Read for the second time and placed on the calendar; pending 3rd reading on day 9; favorable from CC&E
HB241 - Election, write-in voting, procedures revised, Sec. 17-6-28 am'd.
Sponsor(s): Representative Johnson
Synopsis and Analysis : Write-in candidates must announce their candidacy in order for their ballots to be counted.
"A person seeking election to public office 26 through a write-in candidacy shall announce his or her write-in candidacy by filing with the judge of probate, in the case of county offices, or the Secretary of State, in the case of federal or state offices, a statement of write-in candidacy."
League Action and Justification: Oppose. This bill places restrictions on the ability to be a write-in candidate.
Bill Progress in Legislature:
01/18/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
02/01/2018 - Read for the second time and placed on the calendar with 1 amendment; CC&E 2nd amendment offered; pending 3rd reading on day 9; favorable from CC&E with 1 amendment (190775-2).
02/27/2018 - Third Reading Passed; 190775-2 Constitution, Campaigns and Elections Amendment Offered; Motion to Adopt adopted; 192383-1 Fridy Amendment Offered; Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed
Senate
03/06/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E); C&E first Amendment Offered
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Constitution, Ethics and Elections
Synopsis and Analysis : Write-in candidates must announce their candidacy in order for their ballots to be counted.
"A person seeking election to public office 26 through a write-in candidacy shall announce his or her write-in candidacy by filing with the judge of probate, in the case of county offices, or the Secretary of State, in the case of federal or state offices, a statement of write-in candidacy."
League Action and Justification: Oppose. This bill places restrictions on the ability to be a write-in candidate.
Bill Progress in Legislature:
01/18/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
02/01/2018 - Read for the second time and placed on the calendar with 1 amendment; CC&E 2nd amendment offered; pending 3rd reading on day 9; favorable from CC&E with 1 amendment (190775-2).
02/27/2018 - Third Reading Passed; 190775-2 Constitution, Campaigns and Elections Amendment Offered; Motion to Adopt adopted; 192383-1 Fridy Amendment Offered; Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed
Senate
03/06/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E); C&E first Amendment Offered
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Constitution, Ethics and Elections
HB247 - Election, voting recounts, allowed for all public offices and ballot measures, Sec. 17-16-21 am'd.
Sponsor(s): Representatives Baker and Davis
Synopsis and Analysis : Expands recount measures to apply to all general elections and ballot measures, not just limited offices
Any qualified elector or losing candidate may request a recount within 48 hours of the official result being announced.
All other existing rules surrounding recounts remain: The petitioner must be prepared to pay the cost of the recount and give security to cover the costs, recount cost shall be kept to a minimum by using county personnel, the opponent/challenger shall be invited to observe the recount, etc.
League Action and Justification: Support. This bill promotes transparency.
Bill Progress in Legislature:
01/18/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
Synopsis and Analysis : Expands recount measures to apply to all general elections and ballot measures, not just limited offices
Any qualified elector or losing candidate may request a recount within 48 hours of the official result being announced.
All other existing rules surrounding recounts remain: The petitioner must be prepared to pay the cost of the recount and give security to cover the costs, recount cost shall be kept to a minimum by using county personnel, the opponent/challenger shall be invited to observe the recount, etc.
League Action and Justification: Support. This bill promotes transparency.
Bill Progress in Legislature:
01/18/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
HB318 / SB228 - Expands circumstances for absentee voting to include caregivers and increases time to return absentee ballots until the 7th day following an election.
Sponsor(s):
HB318 - Representative Ball
SB228 - Senator Smitherman
Synopsis and Analysis : This bill requires absentee an election manager to notify voters by mail if their absentee ballot was not counted. It also appears to increase restrictions on current absentee ballot requirements.
Absentee ballots may be thrown out if not properly witnessed by two witnesses 18 years or older, or a notary public, or a military officer commissioned to acknowledge oaths.
Under this bill, notice of a ballot rejected for this reason must be sent within 30 days via first class mail to the voter stating why the ballot was rejected.
League Action and Justification: Support. This improves transparency.
Bill Progress in Legislature:
HB318:
01/25/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E)
SB228:
01/25/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E)
02/08/2018 - Read for the second time and placed on the calendar; Pending third reading on day 11; Favorable from C&E
03/21/2018 - Third Reading Carried Over to Call of the Chair
03/21/2018 - 192028-1 Smitherman Amendment Offered; Smitherman motion to Adopt adopted; Smitherman motion to Carry Over to the Call of the Chair adopted Voice Vote; Lost in house of origin; Motion to Read a Third Time and Pass lost Roll Call
HB318 - Representative Ball
SB228 - Senator Smitherman
Synopsis and Analysis : This bill requires absentee an election manager to notify voters by mail if their absentee ballot was not counted. It also appears to increase restrictions on current absentee ballot requirements.
Absentee ballots may be thrown out if not properly witnessed by two witnesses 18 years or older, or a notary public, or a military officer commissioned to acknowledge oaths.
Under this bill, notice of a ballot rejected for this reason must be sent within 30 days via first class mail to the voter stating why the ballot was rejected.
League Action and Justification: Support. This improves transparency.
Bill Progress in Legislature:
HB318:
01/25/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E)
SB228:
01/25/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E)
02/08/2018 - Read for the second time and placed on the calendar; Pending third reading on day 11; Favorable from C&E
03/21/2018 - Third Reading Carried Over to Call of the Chair
03/21/2018 - 192028-1 Smitherman Amendment Offered; Smitherman motion to Adopt adopted; Smitherman motion to Carry Over to the Call of the Chair adopted Voice Vote; Lost in house of origin; Motion to Read a Third Time and Pass lost Roll Call
HB346 - Campaign finance reports, electronic filing required without exceptions, Sec. 17-5-8 am'd.
Sponsor(s): Representative Harbison
Synopsis and Analysis : Requires all campaign finance reports required by law be submitted electronically.
League Action and Justification: Support. This measure should increase transparency by making files more electronically searchable and will reduce filing time.
Bill Progress in Legislature:
House
02/01/2018 - Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
02/15/2018 - Read for the second time and placed on the calendar
03/13/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
Senate
03/15/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E)
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Constitution, Ethics and Elections
Synopsis and Analysis : Requires all campaign finance reports required by law be submitted electronically.
League Action and Justification: Support. This measure should increase transparency by making files more electronically searchable and will reduce filing time.
Bill Progress in Legislature:
House
02/01/2018 - Read for the first time and referred to the House Committee on Ethics and Campaign Finance (E&CF).
02/15/2018 - Read for the second time and placed on the calendar
03/13/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
Senate
03/15/2018 - Read for the first time and referred to the Senate committee on Constitution, Ethics and Elections (C&E)
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Constitution, Ethics and Elections
SB115 - Elections, qualification of electors, not serving court-ordered sentence of imprisonment, eligible to register and vote, Sec. 17-3-30 am'd.
Sponsor(s): Senator Sanders
Synopsis and Analysis: Expands voting rights to all formerly incarcerated people, regardless of crime committed.
League Action and Justification: Support. This bill would expand voting rights.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (Judy)
Synopsis and Analysis: Expands voting rights to all formerly incarcerated people, regardless of crime committed.
League Action and Justification: Support. This bill would expand voting rights.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (Judy)
SB117 - Election, voter registration, allowed any day board of registrars has office hours, Sec. 17-3-50 am'd.
Sponsor(s): Senator Sanders
Synopsis and Analysis: Allows voters to register to vote on any day up to and including election day.
League Action and Justification: Support. This bill would expand voting rights.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (C&E)
02/15/2018 - Read for the second time and placed on the calendar
02/22/2018 - Third Reading Carried Over to Call of the Chair; Sanders motion to Carry Over to the Call of the Chair adopted Voice Vote
03/06/2018 - Lost in house of origin; 192200-1 Coleman-Madison Amendment Offered; Coleman-Madison motion to Adopt adopted; Motion to Read a Third Time and Pass lost - lost in 2nd house
Synopsis and Analysis: Allows voters to register to vote on any day up to and including election day.
League Action and Justification: Support. This bill would expand voting rights.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics and Elections (C&E)
02/15/2018 - Read for the second time and placed on the calendar
02/22/2018 - Third Reading Carried Over to Call of the Chair; Sanders motion to Carry Over to the Call of the Chair adopted Voice Vote
03/06/2018 - Lost in house of origin; 192200-1 Coleman-Madison Amendment Offered; Coleman-Madison motion to Adopt adopted; Motion to Read a Third Time and Pass lost - lost in 2nd house
LWVAL is monitoring these bills:
HB193/SB164 and HB214 - Open Primary elections, system created, qualifications to participate in general election, revised, Sec. 17-13-8.2 added; Secs. 17-13-7.1, 17-13-19, 17-13-20, 17-13-21, 17-13-23, 17-13-41, 17-13-101 repealed; Secs. 17-5-2, 17-5-7, 17-5-8, 17-6-21, 17-6-22, 17-9-3, 17-11-12, 17-13-1, 17-13-2, 17-13-3, 17-13-5, 17-13-6, 17-13-7, 17-13-8, 17-13-16, 17-13-18, 17-13-22, 17-13-50, 17-16-45, 17-16-46, 21-4-21am'd.
Sponsor(s):
HB193 - Representative McCampbell
SB164 - Senator Singleton
HB214 - Representative Ball
Synopsis and Analysis : This bill creates open primaries - otherwise known as "Jungle Primary," "Nonpartisan Blanket Primary" or "Top Two Primary." All candidates from all parties in any non-presidential election are placed on the same primary ballot. If a person receives a majority of votes in the primary, that candidate wins the election. Otherwise, the two candidates receiving the highest number of votes are placed on the ballot in the general election.
[Note - HB193 and SB164 are companion/identical bills as introduced. HB214 differs from HB213/SB164 in that it does not include the statement that if one candidate receives a majority vote, that candidate is deemed the winner of the election.]
League Action and Justification: Monitor. League has no position on this.
Bill Progress in Legislature:
HB193
01/11/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
SB164
01/11/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics, and Elections (C&E)
HB214
01/16/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
HB193 - Representative McCampbell
SB164 - Senator Singleton
HB214 - Representative Ball
Synopsis and Analysis : This bill creates open primaries - otherwise known as "Jungle Primary," "Nonpartisan Blanket Primary" or "Top Two Primary." All candidates from all parties in any non-presidential election are placed on the same primary ballot. If a person receives a majority of votes in the primary, that candidate wins the election. Otherwise, the two candidates receiving the highest number of votes are placed on the ballot in the general election.
[Note - HB193 and SB164 are companion/identical bills as introduced. HB214 differs from HB213/SB164 in that it does not include the statement that if one candidate receives a majority vote, that candidate is deemed the winner of the election.]
League Action and Justification: Monitor. League has no position on this.
Bill Progress in Legislature:
HB193
01/11/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
SB164
01/11/2018 - Read for the first time and referred to the Senate Committee on Constitution, Ethics, and Elections (C&E)
HB214
01/16/2018 - Read for the first time and referred to the House Committee on Constitution, Campaigns, and Elections (CC&E).
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