Alabama Felony Voter Disqualification Act

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The Alabama Felony Voter Disqualification Act is a law which prohibits those convicted of certain crimes of "moral turpitude" from exercising their right to participate in elections.

The language was part of the Alabama Constitution of 1901, which was passed with the express intent of disenfranchising Black residents who had gained the privileges of citizenship, including the right to vote, under the 14th Amendment to the U.S. Constitution.

Article VIII, Section 177 on "Suffrage and elections" read:

(a) Only a citizen of the United States who has attained the age of eighteen years and has resided in this state and in a county thereof for the time provided by law, if registered as provided by law, shall have the right to vote in the county of his or her residence. The Legislature may prescribe reasonable and nondiscriminatory requirements as prerequisites to registration for voting. The Legislature shall, by statute, prescribe a procedure by which eligible citizens can register to vote.

(b) No person convicted of a felony involving moral turpitude, or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability.

(c) The Legislature shall by law provide for the registration of voters, absentee voting, secrecy in voting, the administration of elections, and the nomination of candidates

Individual county boards of registrars were empowered to enforce the law, which was applied unequally.

Alabama's practice of making those convicted of misdemeanors ineligible to vote was declared to be unconstitutional by the U.S. Supreme Court in 1985.

In 1996 state voters ratified a new constitutional amendment specifying that felony convictions of crimes involving "moral turpitude" would result in disqualification. The amendment did not specify which crimes were intended.

The Attorney General of Alabama and the Alabama Administrative Office of Courts attempted in 2005, 2007, and 2008 to compile lists of offenses that involve "moral turpitude", but as administrative guidance such lists did not carry the weight of law or court precedent.

Restoration

Title 15, Chapter 22, Section 36.1 of the Code of Alabama sets forth the requirements for individuals to petition for the restoration of their civil and political rights under the state constitution. The relevant portions were passed as Act of Alabama 2003-415 and Act of Alabama 2016-387.

The law provides that the Alabama Board of Pardons and Paroles should issue a "Certificate of Eligibility to Register to Vote" to petitioners under certain conditions, including release from confinement, probation and parole; full payment of all fines, court costs, fees, and victim restitution ordered by the sentencing court; and no pending felony charges in any jurisdiction.

The law makes an exception for specific crimes, including impeachment, murder, rape, sodomy, sexual abuse, incest, sexual torture, child solicitation, child pornography, and treason, for which no restoration of voting rights is permitted.

Offenders who have been granted a pardon automatically have their voting rights restored without having to apply for a certificate.

2017 Act

The current law, enumerating such crimes, was introduced as House Bill 282 during the 2017 Alabama legislative session and passed as Act of Alabama 2017-378 on May 17. It was signed into law by Governor Kay Ivey on May 25 and went into effect on August 1. It was codified into Title 17, Chapter 3, Section 30 of the Code of Alabama (AL Code § 17-3-30.1).

The list of 48 such offenses referenced crimes described in Title 13. It included felony convictions for murder; manslaughter; assault; kidnapping; rape; sodomy; sexual torture; sexual abuse; offenses relating to sexual exploitation of minors; human trafficking; offenses relating to "destructive devices"; treason; drug trafficking; bigamy; incest; child torture; aggravated child abuse; securities fraud; burglary; theft; trademark theft; robbery; forgery; and "any crime as defined by the laws of the United States or by the laws of another state, territory, country or other jurisdiction, which, if committed in this state, would constitute one of the offenses listed."

The law expressly stated that "nothing in this section shall be interpreted as determining moral turpitude for any purpose other than disqualifying a person from exercising his or her right to vote." It did not address the costs of petitioning for restoration of voting rights. It has since been amended by further legislation.

In July 2017 a group of plaintiffs filed a federal lawsuit, Thompson v. Alabama, claiming that Alabama's voter disqualification laws were still unconstitutional. Plaintiff's attorneys noted that Alabama was one of only 11 states that restrict voting rights after a convicted person has completed their sentence. It calculated that the effect of the law was to disenfranchise 7.6% of the state's voting-age residents, and 15.1% of Black males in that group. It argued that the law was still unequally applied by registrars, and that the burden of petitioning for the restoration of voting rights constituted a form of poll tax in violation of the Voting Rights Act.

Act of Alabama 2019-513 created a new criminal code section for "aggravated theft by deception" and specifically provided that it constituted "a crime of moral turpitude" with regard to the removal of voting rights.

2024 Act

Act of Alabama 2024-341, introduced as House Bill 100 by Adline Clarke (D-District 97) during the 2024 Alabama legislative session, was intended to protect elections by adding felony convictions for crimes against poll workers and election officials to the list of disqualifying offenses, if the crime was motivated by the victim's status as an election worker. The bill was given an unfavorable report in the Senate's Judiciary Committee.

Ultimately the bill was added to the calendar with the endorsement of Alabama Secretary of State Wes Allen. A slate of amendments, introduced by Representative Jim Hill (R-District 50) at Allen's request, added more disqualifying offenses, including "aggravated stalking, domestic violence in the first and second degree, domestic violence by strangulation, compelling street gang membership, and elder abuse".

The amended bill passed the house by a 95-0 vote on April 16 and was approved in the Senate by a 31-0 vote. Governor Ivey signed the bill on May 15, and was scheduled to take effect on October 1, 2024. A lawsuit challenging whether enforcing the act during the 2024 general election was filed in Montgomery County Circuit Court, citing the , approved as "Statewide Amendment 4" during the 2022 general election, which prohibits laws affecting elections from being implemented within 6 months of a national election.

The act has been criticized by the League of Women Voters for having expanded disenfranchisement. Wes Allen has clarified that from his perspective, "I'm not disqualifying anyone from voting as it relates to HB100. It’s the criminals who disqualify themselves when they break the law and wreak havoc on our communities."

References

  • Sharp, John (April 8, 2024) "Alabama legislation looks to protect election workers as threats grow nationwide." AL.com
  • Sharp, John (April 24, 2024) "Alabama Senate committee votes down legislation to protect election workers." AL.com
  • Sharp, John (May 19, 2024) "Democratic lawmaker credits Alabama Secretary of State for passage of election worker protection bill." AL.com
  • Cason, Mike (May 30, 2024) "Alabama will disqualify more felons from voting under new law aimed at protecting election workers." AL.com
  • Sharp, John (July 20, 2024) "Lawsuit challenges timing of new Alabama law disqualifying more felons from voting on Nov. 5." AL.com

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