HB398 Alabama 2023 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2023

Title

Relating to absentee voting; to amend Sections 17-9-30, 17-11-2, 17-11-4, 17-11-5, 17-11-11, and Section 17-11-18, Code of Alabama 1975; to require photo identification to be submitted with the absentee ballot rather than the absentee ballot application; to prohibit the absentee election manager and circuit clerk from extending hours of operation outside of its normal business hours during an election year; to require the absentee election manager to submit a report to the Secretary of State and Attorney General relating to certain absentee ballot requests; to require the absentee election manager to record certain activities relating to each absentee ballot and to post a copy of the list of voters who have requested an absentee ballot each day on the regular bulletin board or other public place in the county courthouse; to require that each absentee ballot have an identifying tracking number; to increase the number of poll watchers; to observe counting of absentee ballots in certain circumstances; and to provide that any absentee ballot received by mail a certain number of calendar days after the election shall be deemed a provisional ballot.

Summary

HB398 would overhaul Alabama absentee voting by moving photo ID requirements to the absentee ballot itself, tightening office hours and record-keeping, expanding transparency with daily absentee ballot postings, and increasing oversight and ballot tracking.

What This Bill Does

It requires voters to submit photo identification with the absentee ballot itself (not just with the ballot application) and creates an Alabama photo voter identification card that is free and valid only for voting. It prohibits extending absentee office hours beyond normal business hours during an election year. It requires the absentee election manager to report certain ballot requests to state officials, to record detailed information for each absentee ballot, and to post a daily public list of voters who requested absentee ballots; each ballot would have an identifying tracking number. It also increases the number of poll watchers, allows observation of absentee-ballot counting in certain circumstances, and treats some late-mail absentee ballots as provisional ballots.

Who It Affects

• Absentee voters in Alabama, who would need to present photo ID with their absentee ballot and may be affected by tracking numbers, daily public postings of requests, and provisional status for late mail ballots.
• County election officials and staff (absentee election managers, circuit clerks, and related boards), who would implement the new reporting, record-keeping, posting, tracking, and watcher requirements and enforce the hours limitation.

Key Provisions

• Photo identification must be submitted with the absentee ballot itself (not with the absentee ballot application), using forms listed in the bill (including Alabama driver’s license, Alabama photo voter ID card, US passport, US military ID, tribal ID, student/employee college IDs, etc.).
• Creation of a new Alabama photo voter identification card, which is free, valid only for voting, laminated, includes a color photo and specific personal data, and remains valid while the voter stays qualified to vote; voters must surrender and reapply if their address changes or they move out of state.
• Absentee election manager and circuit clerk cannot extend office hours beyond normal business hours during an election year.
• Absentee election manager must report to the Secretary of State and Attorney General listing voters who requested absentee ballots mailed to an address with many requests and voters who requested absentee ballots in a county different from where they are registered.
• Absentee election manager must record details for each absentee ballot (name, voting place, dates received/sent/returned) and post a daily copy of the absentee voter list on a public bulletin board in the county courthouse.
• Each absentee ballot must have an identifying tracking number.
• The number of poll watchers will increase when a certain amount of absentee ballots have been received.
• The bill provides for observation of counting of absentee ballots in certain circumstances.
• Any absentee ballot received by mail a certain number of calendar days after the election shall be deemed a provisional ballot.

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