HB538 Alabama 2021 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2021

Title

Absentee ballots, timeframe for applying to vote absentee, revised, to revise certain procedures for processing absentee ballots, Secs. 17-11-3, 17-11-10, 17-11-18 am'd.

Summary

HB538 revises Alabama's absentee ballot rules by changing application timeframes, processing procedures, and references to federal law.

What This Bill Does

It allows qualified electors to apply for and vote absentee if they meet listed reasons and apply at least five days before the election. It sets deadlines for returning absentee ballot applications (mail vs hand delivery) and lets military/overseas voters use the federal postcard application with the same general deadlines. It adds emergency absentee provisions and a mechanism for emergency rules during states of emergency, and strengthens witnessing and processing rules to ensure ballots are counted only when properly completed, while preventing duplicate ballots. It also outlines how ballots are counted on election day and includes special rules for federal, state, and local elections with UOCAVA voters.

Who It Affects

• Qualified Alabama electors who want to vote absentee (and the specific conditions that qualify them, such as being out of the county/state, illness, work shifts, being a student outside the county, Armed Forces or related status, being an election official or poll watcher at a different location, being a caregiver, or certain incarceration status).
• Election officials and absentee election managers (and county/city election administrators) who process, witness, verify, and count absentee ballots, and who must follow the new witnessing and counting procedures and deadlines.

Key Provisions

• Eligibility and consent for absentee voting: a qualified elector may apply and vote absentee if they meet one or more specified conditions and apply in writing at least five days before the election.
• Application deadlines: mail-in absentee applications must be received by a deadline (earlier) than hand-delivered ones, with hand-delivered applications due at least five days before the election and mail applications due earlier (specific wording indicates a longer lead time for mail).
• UOCAVA and federal forms: military/overseas voters and spouses/dependents may use the federal postcard application to request an absentee ballot, with deadlines matching the above (mail/hand).
• Emergency and special circumstances: emergency absentee voting is allowed for medical emergencies and certain caregiving or family death situations, with specific filing and witnessing requirements and a defined timeline for when the emergency ballot can be used.
• State of emergency rules: the Secretary of State can enact emergency rules to allow eligible voters to vote by absentee during declared emergencies, with state funding covering related costs.
• Prohibition against multiple ballots: if more than one absentee ballot is cast in a voter's name, none may be opened or counted until an election contest decides otherwise.
• Processing and witnessing: absentee ballots must be received, recorded, kept sealed, and opened/counted only if the affidavit envelope shows properly witnessed signatures, with strict rules on who can witness and what happens if signatures are not properly witnessed.
• Counting and procedures: on election day, counted absentee ballots are treated the same as in-person ballots, with appropriate staffing and use of precinct counters, plus municipal adjustments for small towns.
• UOCAVA-specific rules: certain absentee ballots for federal, state, or local elections are subject to special postmark and receipt rules, and must be opened and counted under its own timeline.
• Effective date: the act becomes effective immediately after Governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Elections