Alabama Administrative Code Chapter 820-2-12 — Permanent Disability Absentee Voting

820 State of Alabama Office of the Secretary of State

Ala. Admin. Code r. 820-2-12-.01 Purpose

The purpose of this chapter is to provide for implementation of the Disabled Citizens Absentee Voting Act (2019-359) for citizens with a permanent disability which prevents attendance at the polls requesting to vote by absentee ballot pursuant to Act 2019-359. The procedures in this chapter are promulgated under authority granted for Secretary of State as Chief Elections Official pursuant to Act 2019-359 and 17-1-3(a).

History

• Author: Jeff Elrod, Ed Packard, Clay Helms
• Authority: Act 2019-359.
• New Rule: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 820-2-12-.02 Applicability

This chapter applies to absentee ballots for all elections for individuals with permanent disabilities which prevent attendance at the polls pursuant to the Disabled Citizens Absentee Voting Act (2019-359).

History

• Author: Jeff Elrod, Ed Packard, Clay Helms
• Authority: Act 2019-359.
• New Rule: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 820-2-12-.03 Procedures For Applying For Absentee Ballot

(1) The absentee ballot application for a permanently disabled voter shall be valid for all elections in the calendar year in which the application is submitted. For election cycles that span multiple calendar years, the application shall be valid for the whole election cycle. Voters voting pursuant to Act 2019-359 must resubmit the absentee application on an annual basis.

(2) When applying to vote absentee in county, state and federal elections, the permanently disabled voter shall submit the application to the county absentee election manager. When applying to vote absentee in municipal elections, the permanently disabled voter shall submit the application to the municipal absentee election manager.

(3) When a voter submits a valid application to vote absentee pursuant to Act 2019-359, the absentee election manager shall add that voter’s name to a list of permanently disabled absentee voters.

History

• Author: Jeff Elrod, Ed Packard, Clay Helms
• Authority: Act 2019-359.
• New Rule: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 820-2-12-.04 Application And Procedures For Issuance Of Absentee Ballots

(1) Individuals voting by absentee ballot pursuant to Act 2019-359 may apply for an absentee ballot by utilizing an application adopted by the State of Alabama pursuant to 17-11-4 and Act 2019-359. The application must be submitted by the voter by U.S. mail, commercial carrier, or hand-delivery to the absentee election manager in the county in which the prospective absentee voter is registered to vote.

(2) The application prescribed by the Secretary of State shall provide a space to be signed and notarized by the applicant’s primary physician in order to verify the applicant’s status as a permanently disabled citizen.

(3) The applicant must submit the application to the absentee election manager no later than five (5) days prior to the election.

History

• Author: Jeff Elrod, Ed Packard, Clay Helms
• Authority: Act 2019-359.
• New Rule: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 820-2-12-.05 Procedures For Sending Absentee Ballots

At the beginning of the absentee voting period, the absentee election manager shall issue an absentee ballot to any registered voter who has an up-to-date permanently disabled citizen absentee application. Any voter who submits an absentee application pursuant to Act 2019-359 during the absentee voting period shall be issued an absentee ballot upon verification that the voter is registered and eligible to vote in that election.

History

• Author: Jeff Elrod, Ed Packard, Clay Helms
• Authority: Act 2019-359.
• New Rule: Published November 29, 2019; effective January 13, 2020.

Ala. Admin. Code r. 820-2-12-.06 Forms For Absentee Voting By Permanently Disabled Citizens

This rule is intended to provide any form by which an absentee election manager shall administer the Disabled Citizens Absentee Voting Act (2019-359). The forms shall appear as follows:

History

• Author: Jeff Elrod, Ed Packard, Clay Helms
• Authority: Act 2019-359.
• New Rule: Published November 29, 2019; effective January 13, 2020.