Alabama Administrative Code › Title 820 - STATE OF ALABAMA OFFICE OF THE SECRETARY OF STATE › Chapter 820-2-3 - ABSENTEE VOTING › Section 820-2-3-.04 - Forms For Overseas And Military Absentee Voting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This rule is intended to provide any form
			 or ballot by which an absentee election manager or registrar shall administer
			 the Uniformed and Overseas Citizens Absentee Voting Act,
			 52 U.S.C. §
									20301. Any form or ballot described in this
			 rule may be used in any primary or general election.
(2) The State of Alabama adopts any form or
			 ballot issued or promulgated by the federal government to implement the
			 Uniformed and Overseas Citizens Absentee Voting Act,
			 52 U.S.C. §
									20301. Any form or ballot issued or
			 promulgated by the federal government in the future to implement the Act is
			 adopted prospectively. Any form or ballot described in this rule may be used by
			 a voter covered by the Act in lieu of any form or ballot issued or promulgated
			 by the State of Alabama for absentee voting, such as the Standard State
			 Application Form for Absentee Voting described in Paragraph 4 of this rule. The
			 scope of this paragraph shall include, but is not limited to, the Federal
			 Write-in Absentee Ballot, FWAB SF-186.
(3) Absentee ballot material sent to a voter
			 by an absentee election manager pursuant to the Uniformed and Overseas Citizens
			 Absentee Voting Act,
			 52 U.S.C. §
									20301, to vote in a primary election shall
			 include a Federal Write-in Absentee Ballot, FWAB SF-186, to vote for any
			 federal candidate in a second primary election. Absentee ballot material sent
			 to a voter by an absentee election manager pursuant to this paragraph shall
			 also be accompanied by an instruction provided by the Secretary of State
			 explaining that the Federal Write-in Absentee Ballot, FWAB SF-186, may be used
			 to vote in a second primary election.
(4) The State of Alabama adopts a Standard
			 State Application Form for Absentee Voting; which may be used by a voter
			 covered by the Uniformed and Overseas Citizens Absentee Voting Act,
			 52 U.S.C. §
									20301. The form may also be used by any other
			 voter who applies to vote absentee. The form shall appear as follows:
Front Side of Application
Click to view
				image
Back Side of Application
PENALTIES §
										17-17-24,
Code of Ala. 1975
, as amended
(a) Any person who willfully changes an
			 absentee voter's ballot to the extent that it does not reflect the voter's true
			 ballot, any person who willfully votes more than once by absentee ballot in the
			 same election, any person who willfully votes for another voter or falsifies
			 absentee ballot applications or verification documents so as to vote absentee,
			 or any person who solicits, encourages, urges, or otherwise promotes illegal
			 absentee voting, shall be guilty, upon conviction, of a Class C felony. Any
			 person who willfully aids any person unlawfully to vote an absentee ballot, any
			 person who knowingly and unlawfully votes an absentee ballot, and any voter who
			 votes both an absentee and regular ballot at any election shall be similarly
			 punished.
(b) Upon request by the
			 local District Attorney or the Secretary of State, the Attorney General shall
			 provide investigating assistance in instances of absentee ballot or voting
			 violations.
(c) Nothing in this
			 section shall be construed to impede or inhibit organized legal efforts to
			 encourage voter participation in the election process or to discourage a
			 candidate from encouraging electors to lawfully vote by absentee
			 ballot.