Rep. B. Newton proposes the following Amendment No. to H. 4919 (COUNCIL\HB\4919C028.BH.HB22):

Reference is to Printer's Date 2/23/22--H.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Article 1, Chapter 13, Title 7 of the 1976 Code is amended by adding:

"Section 7-13-25.( A)Monday through Saturday for a two-week period preceding a general election conducted pursuant to Section 7-13-10, a primary, special elections, and all municipal elections, all qualified electors of this State must be allowed to cast an early in-person ballot. To the extent time permits, and for a period of time as may be determined by the Executive Director of the State Election Commission, all qualified electors must be allowed to cast an early in-person ballot prior to a primary runoff.

(B) The period of early voting begins at 8:30 a.m. and ends at 6:00 p.m. on each day of the early voting period, excluding Sunday, until the conclusion of the early voting period at 6:00 p.m. on the Saturday immediately prior to the election.

(C) For a general election conducted pursuant to Section 7-13-10, each county board of voter registration and elections must establish early in-person voting locations in an amount based on the following formulas, whichever is higher, but not to exceed seven locations:

(1) The number of registered voters in the county:

(a) 1 - 39,999 voters: one location

(b) 40,000 - 79,999 voters: two locations

(c) 80,000 - 119,999 voters: three locations

(d) 120,000 - 159,999 voters: four locations

(e) 160,000 - 199,999 voters: five locations

(f) 200,000 - 239,999 voters: six locations

(g) 240,000 voters and up: seven locations

(2) The size of the county in square miles:

(a) 0-199 square miles: one location

(b) 200-399 square miles: two locations

(c) 400-599 square miles: three locations

(d) 600-799 square miles: four locations

(e) 800-999 square miles: five locations

(f) 1000-1199 square miles: six locations

(g) 1200 square miles and up: seven locations

(D) If the main office of each county board of voter registration and elections is used for an early in-person voting location, it constitutes one of the early in-person voting locations as delineated in this section.

(E)(1) County boards of voter registration and elections must determine locations for early voting centers. In selecting locations, boards must consider geography, population, and ADA compliant accessibility. Boards must distribute the locations throughout the county to maximize accessibility for all voters in the county to the greatest extent possible. The Executive Director of the State Election Commission may, at his discretion, direct the move of early voting centers to ensure proper distribution through each county.

(2) When the early in-person location formulas in subsection (C)(1) and (C)(2) produce results that differ by four or more locations, the Executive Director may authorize a county board to use two fewer than the higher number determined in subsection (C). The Executive Director also may authorize the loss of an early in-person location due to an emergency such as fire or flood.

(F) The county election board must set and publish the location of each early in-person voting center at least fourteen days before the early voting period begins. Publication of the schedule must be made, at a minimum, to a website or webpage managed by, or on behalf of, each respective county election board.

(G) Upon the daily closure of each early in-person voting location during the period established in subsection (B), all ballots must be transported to the county board of voter registration and elections and stored in a secure location.

(H) County boards of voter registration and elections, in their discretion, may establish any number of early in-person voting locations for use in primary, primary runoff, special elections, and all municipal elections, and the formulas provided in this section do not apply.

(I) Each early voting center must have available every ballot style in use in the particular county for that election." /

Amend the bill further, as and if amended, by striking SECTION 7 and inserting:

/SECTION 7. Section 7-15-420 of the 1976 Code, as last amended by Act 133 of 2020, is further amended to read:

"Section 7-15-420. (A)The county board of voter registration and elections, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 9:00 a.m. 6:01 p.m. on the Saturday immediately preceding election day, the managers appointed pursuant to Section 7-5-10, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may begin the process of examining the return-addressed envelopes that have been received by the county board of voter registration and elections making certain that each oath has been properly signed and witnessed and includes the printed name and address of the witness. All return-addressed envelopes received by the county board of voter registration and elections before the time for closing the polls must be examined in this manner. A ballot may not be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county board of voter registration and elections after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked 'Ballot Herein' removed, and placed in a locked box or boxes, and kept secure. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked 'Ballot Herein', placing each one in the ballot box provided for the applicable contest. Beginning at 9:00 7:00 a.m. on the calendar day immediately preceding election day, the absentee ballots may be tabulated, including any absentee ballots received on election day before the polls are closed. If any ballot is challenged, the return-addressed envelope must not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot. The processes of examining the return-addressed envelopes, opening the sealed return-addressed envelopes to remove the 'Ballot Herein' envelopes, and removing the ballots from the 'Ballot Herein' envelopes for tabulation must be conducted in the presence of any candidate who elects to be present, and of any watchers who have been appointed pursuant to Section 7-13-860. Provided, any candidates or watchers present must be located a reasonable distance in order to maintain both the right to observe and the secrecy of the ballots.

(B)Results of the absentee ballot tabulation must not be publicly reported until after the polls are closed. An election official, election worker, candidate, or watcher who intentionally violates the prohibition contained in this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years."/