Voting Access and Process, including Election Reform and Redistricting
HB443 - Elections, allowing persons convicted of certain felonies to vote, Sec. 15-22-36.1 am'd.
Sponsor(s): Representative Thad McClammy
Synopsis and Analysis: Under existing law, a person who has lost his or her right to vote based upon a past criminal conviction, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote (CERV) under certain circumstances, including payment of all fines, court costs, fees, and victim restitution as ordered by the sentencing court and completion of probation or parole and release from compliance by the court or Board of Pardons and Paroles. This bill would allow a person who has been convicted of certain crimes of moral turpitude who applies to the Board of Pardons and Paroles for a CERV who is unable to pay any fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing to petition the sentencing court to modify the payments originally ordered by the court. This bill would provide a procedure for modification of the payment of fines, court costs, victim restitution, and fees, allow the issuance of a CERV to a person whose fines, court costs, fees, and victim restitution have been reduced, and provide for revocation of the CERV if the person fails to make the reduced payments.
According to Blair Bowie from the Campaign Legal Center - The bill’s major flaw is that it requires CERVs granted to people whose legal financial obligations (LFOs) have been modified to be REVOKED if they do not keep up their payments. In addition to being cruel, that is patently unconstitutional - under both the US constitution and the Alabama constitution. Once the right to vote has been restored, it can only be taken away again for a new criminal conviction, not for failure to pay. The only state with a comparable provision is Washington and we understand that it is never used. On the bright side, that would be a winning LFO case…
League Action and Justification: Monitor. Based on the fatal flaw that was identified by the Campaign Legal Center, we should contact Representative McClammy and let him know we would like to see the bill modified before we can support
Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.
HB443 - Elections, allowing persons convicted of certain felonies to vote, Sec. 15-22-36.1 am'd.
Sponsor(s): Representative Thad McClammy
Synopsis and Analysis: Under existing law, a person who has lost his or her right to vote based upon a past criminal conviction, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote (CERV) under certain circumstances, including payment of all fines, court costs, fees, and victim restitution as ordered by the sentencing court and completion of probation or parole and release from compliance by the court or Board of Pardons and Paroles. This bill would allow a person who has been convicted of certain crimes of moral turpitude who applies to the Board of Pardons and Paroles for a CERV who is unable to pay any fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing to petition the sentencing court to modify the payments originally ordered by the court. This bill would provide a procedure for modification of the payment of fines, court costs, victim restitution, and fees, allow the issuance of a CERV to a person whose fines, court costs, fees, and victim restitution have been reduced, and provide for revocation of the CERV if the person fails to make the reduced payments.
According to Blair Bowie from the Campaign Legal Center - The bill’s major flaw is that it requires CERVs granted to people whose legal financial obligations (LFOs) have been modified to be REVOKED if they do not keep up their payments. In addition to being cruel, that is patently unconstitutional - under both the US constitution and the Alabama constitution. Once the right to vote has been restored, it can only be taken away again for a new criminal conviction, not for failure to pay. The only state with a comparable provision is Washington and we understand that it is never used. On the bright side, that would be a winning LFO case…
League Action and Justification: Monitor. Based on the fatal flaw that was identified by the Campaign Legal Center, we should contact Representative McClammy and let him know we would like to see the bill modified before we can support
Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.
| Calendar Date | Body | Amd/Sub | Matter | Committee | Nay | Yea | Abstain | Vote |
| 04/16/2019 | H | Read for the first time and referred to the House of Representatives committee on Constitution, Campaigns and Elections | CC&E | | | | |
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