Alabama House approves bill criminalizing some absentee ballot assistance

The Alabama House Tuesday passed a bill that would criminalize some forms of absentee voting assistance.

SB 1, sponsored by Sen. Garlan Gudger, R-Cullman, would make it illegal for someone to “knowingly” provide an absentee ballot application with pre-filled information, with exceptions for emergency medical care. It would also make it a Class B felony, punishable by up to 20 years in prison, to provide or receive assistance for help with voting.

“This bill would prevent absentee ballot brokers and third parties from manipulating the absentee voting process and intimidating or confusing absentee voters. This bill does not change voter outreach efforts in the state,” said Rep. Jamie Kiel, R-Russellville, who carried the bill in the House and sponsored a similar measure last year.

Sponsors of the bill said they were trying to address what they called ballot “harvesting,” which they defined as collecting and submitting filled-out absentee or mail-in ballots by third-party individuals, volunteers, or workers, rather than voters submitting them directly to ballot collection sites. Kiel said that they would be committing a violation of “ballot harvesting” if they pay or are getting paid to collect ballots.

Kiel did not offer evidence of ballot harvesting happening in the state. 

House Democrats voiced their opposition, arguing that it would criminalize absentee voting assistance for the elderly, disabled and young voters. 

According to the Heritage Foundation, a conservative think tank, there have been only 25 convictions or findings of voter fraud in Alabama since 2000. About 1.4 million votes were cast in the 2022 state elections, which saw low turnout.

“Even put in the best possible light, this is a bill in search of a problem,” said Rep. Patrick Sellers, D-Birmingham. “So, I’m trying to figure out what the problem is if there have been zero instances since — I mean, I don’t really understand what the purpose is.”

He said a bill like SB 1 “hampers or it intimidates” people from voting, especially the young, seniors and those who are illiterate.

“Every time we deal with, or if there is an imagination, there is voting fraud, it prohibits people, or it puts fear in people about voting and the voting process,” Sellers said.

Rep. Rolanda Hollis, D-Birmingham, said what she couldn’t “stomach” was the Class B felony associated with people providing or receiving financial assistance for help with voting.

Hollis asked, “You mean to tell me that I can have a person go rob someone or manslaughter, but if I give $5 of gas money, I’m going to jail?

Rep. Kenyatté Hassell, D-Montgomery, asked about helping the elderly who may not be able to even write their own names. He said he works with a 97-year-old client who has his granddaughter help him with his absentee ballot. 

“As a family member, I know you took that out of the bill,” he said, “but what if he can’t get to that granddaughter?”

The bill was amended in committee and goes back to the Senate for concurrence or a conference committee.