MONTGOMERY — Legislation increasing penalties on absentee ballot harvesting in Alabama passed the State Senate on Tuesday by a 27-8 margin along party lines.
The bill would make it a Class C felony for a third party to knowingly receive a payment or gift for distributing, ordering, requesting, collecting, completing, prefilling, obtaining or delivering a voter's absentee ballot application.
The legislation also makes it a Class B felony 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.
"It's happening all over. They're just not being sentenced and sent to jail. It's happening everywhere, and no one is doing anything about it. This will at least have some teeth in the bill, so it deters people from being able to do ballot harvesting. It makes our elections as secure as possible. A lot of the penalties that have been out there already didn't have any of the teeth that we have now," State Sen. Garlan Gudger (R-Cullman) told reporters on Tuesday.
There are exemptions in the bill for U.S. citizens, military members and military families who vote by absentee ballot overseas. According to the legislation, voters who require assistance to vote due to blindness, disability, or inability to read or write may be assisted 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."
Alabama Secretary of State Wes Allen told 1819 News, "SB1 prevents ballot harvesters from interfering with Alabama's absentee elections process by making it illegal to pay or to be paid by a third-party organization to prefill and/or collect absentee ballot applications. This practice manipulates the absentee elections process, threatens the security of Alabama elections, and has no place in Alabama."
"Safe, secure, and transparent elections are the foundation of our constitutional republic. As Secretary of State, ensuring free and fair elections is a top priority. Alabama votes should not be for sale," Allen said. "I want to thank Senator Garlan Gudger and the Alabama Senate Republican Caucus for showing their dedication to election integrity by passing SB1 in the Senate."
The bill is sponsored by Gudger and State Rep. Jamie Kiel (R-Russellville).
"Today marked a significant step toward defending the integrity of elections in Alabama," Senate Majority Leader Steve Livingston (R-Scottsboro) said. "The Senate Republican Caucus thanks Senator Gudger for his leadership on this issue and applauds his work in defending Alabamians against the fraud and abuse that comes with ballot harvesting."
State Senate President Pro-Tem Greg Reed (R-Jasper) said on Tuesday, "The security of our elections is foundational to the integrity of our democracy."
"We have strong election laws in Alabama, and we want to make sure that absentee ballots are handled and cast in appropriate ways," Reed said. "We want to make sure that legitimate votes are protected and that those who would try to cheat our system cannot. I am proud of the efforts made by Senate Republicans today to make sure that your vote counts and will not be lessened by fraudulent ballot harvesting attempts."
Democrats and liberal groups opposed the bill.
"We are putting up barriers to voting. You hear us on this side of the aisle talk a lot about voter suppression, pushing people down. That's what we're doing," State Sen. Linda Coleman-Madison (D-Birmingham) said on the Senate floor on Tuesday. "Understand, you're doing this to your own constituents who vote for you. We all need these votes, we need to turn people out. We need to encourage them to participate in the political process. I really think that we are not doing ourselves a service. We're not doing the state a service. We're showing our true colors."
Lt. Gov. Will Ainsworth said in a statement, "As a freshman member of the Alabama House, the first bill I passed was an election integrity measure, so I understand the importance of legislation combating ballot harvesting being approved by the Alabama Senate."
"Voters must have confidence that their votes are secure and counted fairly. Alabama has a long history of voter fraud, and the vast majority of indictments and convictions have involved absentee balloting," Ainsworth said. "Allowing partisan groups and individuals to collect, handle, and potentially tamper with countless numbers of absentee ballots breeds fraud and invites abuse. With passage of this bill, Alabamians can rest assured that an absentee ballot honestly cast will be an absentee ballot honestly counted."
Alabama Republican Party Chairman John Wahl said, "I would like to thank Senator Garlan Gudger, who sponsored SB1 and the entire State Senate for passing this important legislation. This bill is about making sure every single person's vote is secure and safeguarded."
"We believe that the election process should stand for honesty and integrity, and no one's vote should ever be stolen or usurped by illegal ballot harvesting. SB1 is a commonsense bill that simply reinforces penalties if someone is paid to collect or tamper with ballots. This measure should be supported by everyone, and we are excited to see this bill move forward," Wahl said.
The bill now heads to the House for its consideration. Gov. Kay Ivey supports the measure.
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
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