Ivey signs bill banning some forms of help with absentee voting

Alabama Gov. Kay Ivey has signed into law a bill that Republicans say would prevent fraud in absentee voting but that Democrats and some advocacy groups say will criminalize work that helps the elderly, disabled, and incarcerated people cast their ballots.

Ivey signed SB1, by Sen. Garlan Gudger, R-Cullman, which passed the Legislature on Tuesday.

“Here in Alabama, we are committed to ensuring our elections are free and fair,” Ivey said. “I commend Secretary of State Wes Allen, as well as members of the Alabama Legislature for making election security a priority, and I am proud to officially sign Senate Bill 1 into law. Under my watch, there will be no funny business in Alabama elections.”

Allen, who as secretary of state is the state’s top election official, also issued a statement.

“Free and fair elections are the foundation of our constitutional republic,” Allen said. “The passage of SB1 signals to ballot harvesters that Alabama votes are not for sale. The Alabama Legislature and Governor Ivey have made it clear that Alabama voters have the right to cast their own vote without undue influence.”

The new law takes effect immediately.

Ballot harvesting is a term that generally means the mass distribution or collection of absentee ballot applications or ballots. Republican officials supporting the bill have said it happens in Alabama but have generally not provided specific examples.

On Tuesday, Gudger cited a Winston County voting bribery case from 2001 as an example. He said there is another ongoing investigation in Conecuh County.

Democratic lawmakers who opposed the bill said it was was part of a national GOP effort to try to give some credibility to former President Trump’s unsubstantiated claims that mass fraud caused his defeat in the 2020 election.

Gudger said Tuesday his bill had nothing to do with that.

“It’s not for Republicans, it’s not Democrats, it’s not independents,” Gudger said Tuesday after the bill passed. “This particular bill stops voter fraud. And by having stopping voter fraud everybody that that casts a ballot is in a safer place than they were without this bill. So, I’m proud of the bill.”

Gudger noted that the law does not prohibit voters who are disabled, blind, or cannot read or write from receiving help from a person of their choice. That is protected by the federal Voting Rights Act.

The new law adds new restrictions and criminal penalties to section 17-11-4 of the code of Alabama, which governs absentee voting applications. The strictest penalties apply to those who receive a payment or pay someone else for helping with applications. Some parts of the new law apply to situations not involving a payment.

The new law;

Makes it a Class C felony, punishable by one to 10 years in prison, to receive a payment or gift to distribute, order, request, collect, complete, pre-fill, or deliver an absentee ballot application for another voter.

Makes it a Class B felony, punishable to two to 20 years, to knowingly pay or provide a gift to a third party to distribute, order, request, collect, prefill, complete, obtain, or deliver a voter’s absentee ballot application.

Says an applicant for an absentee ballot can receive assistance filling out the ballot and that the application must be signed by the applicant and the witness.

Makes it a Class A misdemeanor, punishable by up to a year in jail, to deliver an absentee ballot application to a vote that is pre-filled with the voter’s name or any other information required on the application.

Specifies that only the voter can return their absentee ballot application to their county’s absentee election manager, either in person or by mail or commercial carrier.

Requires applicants for absentee ballots to declare they are not barred from voting because of a disqualifying felony conviction or, if they were were convicted of a disqualifying felony, that they have had their right to vote restored.

The League of Women Voters of Alabama, which opposed the bill since Republicans first introduced it last year, issued a statement after the bill passed, saying that helping voters is not a crime and should not be treated as such.

“Voters deserve equal and fair access to the ballot, without intimidation, including the option to vote by absentee ballot,” the League said. “Many Alabama voters with disabilities rely on the help of neighbors and voter assistance organizations to successfully cast their absentee ballot. Alabamians with felony convictions work with their county registrars to confirm their eligibility to vote, deserve to be able to cast their absentee ballot without fear or intimidation.

“SB1 and bills like it are just another form of voter suppression that do nothing to protect the ‘integrity’ of our elections but do a great deal to make it harder for voters with disabilities and those with felony convictions to cast their ballot.”

Alabama Republican Party Chairman John Wahl issued a statement praising the new law as a commonsense measure.

“Securing and maintaining the integrity of the electoral process is of the utmost importance to the Alabama Republican Party,” Wahl said. “No one’s vote should ever be stolen or usurped by illegal ballot harvesting, and SB1 is a major step forward in safeguarding our elections.”