HB97 Alabama 2025 Session

Summary

Primary Sponsor

Kenyatte HassellRepresentative

Democrat

Session

2025 Regular Session

Title

Absentee ballots; opportunity to correct affidavit envelope of defects provided

Summary

HB97 would require absentee ballot managers to give voters with defective absentee ballot affidavits a chance to fix the defects within a set timeframe before an election.

What This Bill Does

The bill amends Alabama law to require an absentee election manager to identify defects in the affidavit envelope and allow the voter to cure them, provided the ballot is submitted within a certain window before the election. It sets a cure process where voters are notified within two business days of receipt of ballots received three or more days before the election, given instructions to cure, and told they have until the last business day before the election to fix the defect. It lists specific defects that can be cured (missing signature, mismatched address, incorrect envelope order, improper witnessing/notarization, and missing reason for absentee voting) and outlines how ballots are to be handled, counted, and witnessing requirements, with an effective date of October 1, 2025.

Who It Affects

• Voters who submitted absentee ballots with defective affidavits, who would be allowed to cure the defects and have their ballot counted if cured within the time frame.
• Absentee election managers and other election officials who must implement the cure process, notify voters, oversee the cure, and manage the counting of cured ballots.

Key Provisions

• Absentee election managers must examine affidavit envelopes, identify defects that would prevent counting, and keep ballots securely.
• If a ballot is received three or more business days before an election, managers must notify the voter of each defect within two business days of receipt, provide cure instructions, and inform the voter they have until the last business day before the election to cure.
• Voters may cure defects such as: not signing the affidavit; address on the affidavit not matching the ballot application; incorrect order of envelopes; improper witnessing or notarization; and failure to indicate a reason for voting absentee.
• On election day, managers deliver sealed affidavit envelopes to election officials who verify witnessing, certify eligibility, open envelopes, and place ballots into sealed boxes; ballots with proper witnessed signatures may be counted.
• Rules require witnessing of the affidavit signature/mark by two witnesses or a notary or equivalent officer; ballots lacking proper witnessing may not be opened or counted.
• Absentee ballots processed under these provisions shall be opened, counted, and tabulated, with results added to the day-of-election totals; election officials and precinct counters may perform counting, and absentee officials must be trained similarly to regular officials.
• The bill includes special provisions for certain municipal elections and second primary scenarios, outlining when and how such ballots are to be opened, counted, and added to results.
• The Secretary of State must adopt rules to implement the new cure process.
• The act becomes effective on October 1, 2025.

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