An Alabama Senate committee Wednesday approved a bill to place additional restrictions on absentee voting, which supporters called ‘ballot harvesting,’ after a public hearing and a confusing lead-up to the vote.
SB 1, sponsored by Sen. Garlan Gudger, R-Cullman, passed the committee on a 7-3 party line vote despite a statement from Senate Governmental Affairs Chairman Tom Butler, R-Madison that he did not plan to hold a vote on the bill Wednesday.
The bill, substituted prior to the vote, would make it illegal to “knowingly” provide an absentee ballot that is pre-filled with any voter information and would require applicants to submit their own applications. The legislation would provide an exception for voters who receive emergency treatment by a licensed physician within five days before an election.
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
The legislation would make it a Class C felony, punishable by up to 10 years in prison, for a third party to “knowingly” receive payment or a gift for distributing, ordering, requesting, collecting, completing, prefilling, obtaining or delivering an absentee ballot application.
A person who “knowingly” pays or provides a gift to a third party to distribute, order, request, collect, prefill, complete, obtain or deliver a voter’s absentee ballot application would be guilty of a Class B felony, punishable by up to 20 years in prison.
A voter who needs assistance due to blindness, disability or inability to read “may be given assistance by an individual of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.”
Military stationed overseas would not be impacted by the legislation.
“The bottom line is that it is illegal for someone to pay or receive money when they’re collecting ballots or putting in applications,” said Gudger to reporters. “This is not the ballot. This is the ballot application.”
Most speakers at a public hearing prior to the vote opposed the bill, with many expressing concerns about Alabamians with disabilities who need help voting.
Barbara Manuel, president of the National Federation of the Blind of Alabama, said that the bill would criminalize providing assistance. She said she understood there were provisions to the bill, but she was not clear on what they were.
“We just need some clear definitions of how we can participate in one of America’s greatest rights,” she said.
Kylie Kerr, a special education teacher in Shelby County, said that her students could need her help with a voting application. Under the law, she said, she could not provide it, either because their disabilities were not covered by the bill or because she is not a protected person. She said that she could help her sister, who is legally blind.
“My students and my sister deserve better,” she said. “SB 1 does not protect them. It harms them.”
The only member of the public who spoke in favor of the bill was Becky Gerritson, executive director of the conservative Eagle Forum of Alabama, who said that Eagle Forum was opposed to “ballot harvesting” and supported the exceptions for certain disabilities.
“In America, we are self-governed, and we accomplish this through our ballot,” she said. “So it only makes sense that we keep close tabs on where our ballots go and how they get there once they leave our control.”
Gudger said that he thinks many of the concerns brought up in the public hearing would be addressed with the substitute version.
Sen. Robert Stewart, D-Selma, said that they want more people involved in the voting process and that voter turnout is low.
“This legislation doesn’t warrant anyone to have a felony,” he said. “We as a body need be serious, get serious about prisons overcrowding. That’s not an unintended consequences. This is intentional.”
Roughly 30 minutes into the committee meeting, Butler told the gathered public and committee members that they would not be voting on the bill Wednesday.
“So we will vote on this, this bill probably next week,” he said.
But after the public hearing, Butler moved to adopt the bill substitute. Shortly after, Sen. Chris Elliott, R-Josephine, moved for final approval, which Butler granted. That prompted outcry from the public and Sens. Merika Coleman, D-Pleasant Grove and Linda Coleman-Madison, D-Birmingham, both members of the committee.
“Take control of your committee, because he’s not the chair of the committee,” said Coleman to Butler.
After the committee meeting, Coleman told reporters that she was unclear about whether the bill had been properly moved. Coleman also expressed concerns about the process and the bill itself.
“I just think it’s irresponsible as a Legislature to pass a piece of legislation that they hadn’t read, but, again, to go against your word,” she said. “Literally just said at the beginning that we’re not going to vote on this bill this week and, then, you have all these people here and, then as well, all these people that are listening, streaming, and you don’t really offer an explanation why you’re changing your mind: ‘I’m the chairman. I can do it.’”
Coleman said she was unclear about whether or not a motion happened.
Gudger said that he would request that the bill not be on the floor Thursday so that people have time to go through the substitute.
“Everybody has a full weekend to go through it, and we can make amendments as we go forward,” he said.
