The Democracy Defense League Advocates... 

The passage of the following, or similar, legislation as a minimum effort to return and secure integrity to the voting process in Alabama.  We further advocate this legislation be written so that any part therein may be severed from the whole without influencing the legal status or constitutionality of the remaining parts should the Supreme Court of Alabama or the Supreme Court of the United States declare said part unconstitutional.

1. Any crime committed with the intent to alter the outcome of any election or referendum legally recognized by the state of Alabama or any county, municipality or subdivision therein, shall be a Class A Felony.  NOTE:  The maximum sentence allowed under state law for a conviction of a    non-capital Class A Felony offense is 30 years or life.  Unfortunately, however, in Alabama the average prison term served for both the 30 year and life sentences is six years and six months (61/2 years).  For those who may believe establishing Class A Felony status to all crimes associated with VOTER FRAUD is too harsh, we respectfully suggest you include a tour of Arlington National Cemetery during your next vacation or holiday.

2. Any person having been previously convicted of any crime relative to the alteration or attempted alteration of the outcome of any election or referendum legally recognized by any state, county, city, municipality or any subdivision therein within the boundaries of the United States or its Territories shall be permanently prohibited from any participation in any election, campaign, voter assistance or poll assistance.  Furthermore, any person as defined above shall be prohibited from being physically present within 100 yards of any place where the process of voting or the gathering or counting of votes occurs from the 24 hour period immediately prior to said activity until 24 hours following the completion of said activity.  (Violation – Class C Felony)

3. Any person who otherwise meets the legal requirements to become a registered voter in Alabama must present legally recognized proof of identification, age and residence which bears the voter and/or the voter registration applicant’s photograph.  This photograph identification must be presented at the time of registration and at the time of voting.

4. All persons  who are legally registered voters shall acquire, maintain and present any legally valid identification which shall include a photograph of said voter to any Election Official or duly appointed Poll Watcher upon appearing at any polling place for the purpose of casting a vote.  Any person not meeting this requirement shall not be eligible to cast a vote in that election/referendum.

5. Subpoena and Grand Jury powers shall be granted to State and County Chairpersons of their respective Boards of Registrars and any Absentee Bal-lot Managers for the purpose of determining the positive identification of any voter; or any person who is suspected to have been previously convicted of any crime committed with the intent to alter the outcome of any legally recognized election or referendum, who has been identified as having participated in any election, campaign, voter assistance or poll assistance.  Should the results of said inquiries determine any part of this section has been violated, said Chairperson shall transmit their findings to the Office of the State Attorney General and the Office of the Secretary of State for further investigation and/or prosecution.

6. No State or County Chairperson of any Board of Registrars shall accept registration of any qualified elector within 30 days of an election or referendum.

7. Elector must show a current photo state or government issued  ID card.  Non-drivers PHOTO ID card shall be state issued with no initial fee or 4 year renewal fee to any non-licensed elector.  Replacement fee shall be twenty percent (20%) of state’s current driver’s license fee.  PHOTO ID shall replace all previously accepted forms of ID.

8. Only actual voters shall be eligible to request absentee ballots.

9. A copy of elector’s PHOTO ID shall accompany absentee ballot application and shall be retained with Absentee Election Manager.

10. All absentee ballot envelopes and absentee ballot applications shall include the signature and seal of a lawfully recognized Notary Public or shall include the signatures, residential addresses, and current state or government-issued PHOTO IDENTIFICATION NUMBERS of two witnesses.

11. All absentee ballots delivered by U. S. Postal Service must be addressed and delivered to Absentee Election Manager at Absentee Election Manager’s physical, official office address.

12. Amendment to Code of Alabama 17-10-5 (c).  Please note that amended portions of this Code will be shown by using “[“ for beginning and “]” for ending same.  The Absentee Election Manager shall enroll the name, residence, and polling place of the applicant, and the date the application was received on a list of absentee voters.  Each day the Absentee Manager shall enter on the list the names, addresses, and polling places of each voter who has that day applied for an absentee ballot and [shall provide a copy to the judge of probate, sheriff, and circuit clerk,] and for all elections other than municipal elections, maintain and post a copy of the list of applications received each day on the regular bulletin board or other public place in the county courthouse.  In municipal elections, the Absentee Election Manager shall post a copy of the list of applications received each day on the regular bulletin board or other public place in City Hall.  The list shall be maintained in the office of the clerk or register for 60 days after the election, at which time it shall be filed with the judge of probate.  By 10am the day before the polls are to open, the Absentee Election Manager shall give a completed list to the canvassing board, who shall that day strike the absentee voter names from the voter list.  Before the polls are open on any election day, the Absentee Election Manager shall effectuate the delivery of a voter list with stricken absentee voter names to the election officers of each polling place.  The list shall be kept at the polling place the entire Election Day, and the person shall not vote again.  [The polling place will remain closed until the list is delivered.]  Except as to individuals pursuant to the Uniformed and Overseas Absentee Voting Act, 42 U. S. C. 1973ff, applications for absentee ballots are required for elections which are more than 30 days apart.

13. When an elector casts a provisional ballot because an absentee ballot has been cast in that elector’s name, the election official shall instruct elector to immediately report to the Absentee Election Manager.  The Absentee Manager shall pull the Absentee Ballot prior to the counting of the absentee votes and hold for a determination by the canvassing board as to which ballot shall be counted.  The ballot not counted shall be forwarded to the District Attorney.  The Board of Registrars shall make a written request to the Attorney General for voter fraud investigation, as referenced in 17-23-1.

14. All State, County and Municipal election authorities shall be subject to independent audits of voting machines, absentee ballots, software and poll security procedures upon the discretion of any Chairperson of any Board of Registrars or any Absentee Ballot Manager.

15. All municipalities or subdivisions therein shall use the voter registration as provided and maintained by the County Chairperson of the Board of Registrars.

16. No kindred of any candidate or his or her spouse to the second degree, according to civil law, shall be eligible to serve as an election official.  (Violation of this statute shall constitute a Class C Felony.)  In any case, where a conflict of family relation exists, the designation of a replacement official shall be made by the Alabama Secretary of State.

17. Independent and/or non-partisan organizations shall be eligible to work as poll watchers to observe and report any election irregularities to the appropriate Election Officials.

18. The enforcement and implementation of all aforesaid legislation shall supersede any and all pre-existing legislation affecting the intent and administration of these laws should any conflict occur.

19. Amend the Federal “Help America Vote Act” to return voter registration authority and administration to the County Boards of Registrars and their designees.  This will require FEDERAL legislative action.

NOTE:  This amendment will return ACCOUNTABILITY to the voter registration process.

"...How can we ever expect our government to have greater integrity than the process that produces it?  If elections are corrupt, our government is corrupt..."

The Tuscaloosa News
February 9, 2005