HB37 Alabama 2021 Session

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 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

Also under existing law, a person who been granted a Certificate of Eligibility to Register to Vote by the Board of Pardons and Paroles can register or reregister as an elector upon submission of a copy of the certificate to the board of registrars of the county of his or her residence

This bill would remove the process of applying to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote for a person to have his or her right to vote restored

This bill would eliminate the requirement that a person pay all fines, court costs, fees, and victim restitution prior to having his or her right to vote restored

This bill would also expand restoration of voting rights to a person who has been released from incarceration for five or more years

Relating to voting rights; to amend Sections 15-22-36.1 and 17-3-31, Code of Alabama 1975; to remove the process of applying to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote for a person to have his or her right to vote restored; to eliminate the requirement that a person pay all fines, court costs, fees, and victim restitution prior to having his or her right to vote restored; and to expand restoration of voting rights to a person who has been released from incarceration for five or more years.

Section 1

Sections 15-22-36.1 and 17-3-31, Code of Alabama 1975, are amended to read as follows:

§15-22-36.1.

(a) Any other provision of law notwithstanding Except as provided in subsection (b), any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote shall have his or her right to vote restored if all of the following requirements are met:

(1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g).

(2) The person has no criminal felony charges pending against him or her in any state or federal court.

(3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases.

(4) (3) Any of the following are true:

a. The person has been released upon completion of sentence.

b. The person has been pardoned.

c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity or has been released from incarceration for five or more years.

(b) The Certificate of Eligibility to Register to Vote shall be granted upon a determination that all of the requirements in subsection (a) are fulfilled.

(c) Upon receipt of an application under this section, investigation of the request shall be assigned forthwith to an officer of the state Board of Pardons and Paroles. The assigned officer shall verify, through court records, records of the board, and records of the Department of Corrections, that the applicant has met the qualifications set out in subsection (a). Within 30 days of the initial application for a Certificate of Eligibility to Register to Vote, the officer shall draft a report of his or her findings including a statement as to whether the applicant has successfully completed his or her sentence and has complied with all the eligibility requirements provided in subsection (a).

(d) After completing the investigation set out in subsection (c), the officer shall submit his or her report of investigation to the Executive Director of the Board of Pardons and Paroles.

(e) If the report created pursuant to subsection (c) states that the applicant has met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall issue a Certificate of Eligibility to Register to Vote to the applicant within 14 days of receipt of the report by the executive director.

(f) If the report created pursuant to subsection (c) states that the applicant has not met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall not issue a Certificate of Eligibility to Register to Vote and shall notify the applicant of the decision and reason or reasons for the decision within 14 days of receipt of the report by the executive director. The applicant, upon completion of the eligibility requirement in subsection (a) for restoration of his or her rights, may submit a new application at any time if he or she has met the certification criteria.

(g)(b) A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote have his or her right to vote restored under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason.

(h)(c) This section shall not affect the right of any person to apply to the board for a pardon with restoration of voting rights pursuant to Section 15-22-36.

(i)(d) Each state or county correctional facility, prison, or jail shall post materials to be prepared by the Secretary of State and the Board of Pardons and Paroles notifying incarcerated individuals of the requirements and procedures for having one's voting rights restored.

§17-3-31. Any person who is disqualified by reason of conviction of any of the offenses mentioned in Article VIII of the Constitution of Alabama of 1901, except treason and impeachment, whether the conviction was had in a state or federal court, and who has been pardoned, may be restored to citizenship with the right to vote by the State Board of Pardons and Paroles when specifically expressed in the pardon. If otherwise qualified, such person shall be permitted to register or reregister as an elector upon submission of a copy of the pardon document to the board of registrars of the county of his or her residence. In addition, any person who has been granted a Certificate of Eligibility to Register to Vote by the Board of Pardons and Paroles pursuant to Section 15-22-36.1, had his or her right to vote restored shall be permitted to register or reregister as an elector upon submission of a copy of the certificate to the board of registrars of the county of his or her residence."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.