SB39 Alabama 2011 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Co-Sponsors

Jimmy HolleyDick BrewbakerClay ScofieldGerald O. DialTom Whatley

Session

Regular Session 2011

Title

Elections, overseas absentee voting, Electronic Overseas Voting Advisory Committee, established to advise whether secure electronic means of voting available, duties of absentee election manager, overseas voter certificate required, Secretary of State to implement rules

Summary

SB39 would create a committee to study secure electronic overseas voting and require the Secretary of State to establish rules for overseas absentee ballots, including emergency voting procedures.

What This Bill Does

It establishes the Alabama Electronic Overseas Voting Advisory Committee to determine whether a secure electronic method can be used for overseas absentee voting and to advise the Secretary of State. It sets up a process for adopting rules on overseas voting, including requirements for ballot requests, receipt, return of ballots, overseas voter certificates, instructions, and processing. If a secure electronic method is feasible, the Secretary of State must promulgate rules with security and processing standards, and there is a mechanism to resolve rule disagreements. The act also authorizes emergency overseas voting rule powers and requires the state to cover the costs of implementing these provisions, with immediate effect upon passage.

Who It Affects

• Overseas voters (including active-duty military, Merchant Marines, spouses and dependents, and other U.S. citizens living abroad) who may request, receive, and return overseas ballots under new electronic or other allowed methods.
• The Secretary of State and other state and county election officials responsible for implementing and enforcing overseas voting rules and procedures.
• Absentee election managers and their staff who must accept requests and ballots, verify voter identity, ensure secure transmission, process ballots, and maintain confidentiality.
• State and veteran-related organizations (e.g., National Guard, Veterans Affairs, Veterans of Foreign Wars) due to their representation on the advisory committee.

Key Provisions

• Section 2 creates the Alabama Electronic Overseas Voting Advisory Committee, defines its purpose, and lists diverse members (including SOS as chair and representatives from sheriffs, probate judges, circuit clerks, National Guard, legislative chairs, county boards of registrars, and veteran groups) who serve without pay.
• Section 3 authorizes the committee to determine whether secure electronic overseas voting is possible and, if so, requires the Secretary of State to promulgate rules to implement it; provides a process for resolving disagreements and for rule review by a joint committee if needed; rules must authorize the absentee election manager to accept requests and voted ballots and specify identity verification, transmission security, and ballot recording.
• Section 3 also requires the SOS to establish minimum security criteria for secure remote electronic transmission, including encryption with controlled keys, auditable software, secure hardware, and voter identity verification; mandates capability to produce a marked paper ballot and to audit the voting system.
• Section 4-5 describe the information needed to request a ballot and to receive a ballot, including overseas address, fax/email/secure electronic options, and the overseas voter certificate; fax ballots have a 12-month validity window unless shortened by the voter; confidentiality of ballots is required.
• Section 6 requires procedures for returning overseas voted ballots, and Section 7 specifies the content of the overseas voter certificate (sworn statements about eligibility, citizenship, and vote integrity).
• Section 8 provides example instructions for overseas voters on counting deadlines, secrecy, correct ballot marking, reliance on the overseas voter certificate, and acceptable return methods (fax, mail, secure electronic delivery) with security notes; it also notes that faxed ballots may waive the secret ballot.
• Section 9 directs the committee and SOS to determine processing procedures for received ballots; Section 10 allows emergency orders to facilitate voting during emergencies; Section 11 states costs will be paid by the state from funds available to the Secretary of State; Section 12 makes the act effective immediately.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Elections