Ala. Admin. Code r. 820-2-2-.21

Current through Register Vol. 43, No. 1, October 31, 2024

Section 820-2-2-.21 - Procedure For County Boards Of Registrars For Hearing To Determine Applicant's Citizenship For Voting Purposes

(1) If an applicant is a U.S. citizen but does not have any of the documentation listed in Code of Alabama, section 31-13-28(k), the applicant may submit any evidence that the applicant believes demonstrates his or her U.S. citizenship. Among the documents that may be submitted when the applicant does not have any of the documents listed in Code of Alabama, section 31-13-28(k), are:

(a) Religious record, such as family Bible, certificate of baptism or confirmation, or other similar record showing either the date of birth or the person's age when the record was made;

(b) Marriage certificate showing a U.S. place of birth;

(c) Life, health, or other insurance record showing a U.S. place of birth;

(d) Early school record showing a U.S. place of birth;

(e) Newspaper birth announcement showing a U.S. place of birth;

(f) Affidavits signed under penalty of perjury by three (3) people;

(g) Military dependent's identification card showing U.S. citizenship;

(h) If none of the aforementioned evidence of U.S. citizenship is available, three or more corroborating documents may be accepted if said documents establish U.S. citizenship by a preponderance of the evidence.

(2) Any applicant seeking an assessment of evidence under this section may directly contact the county board of registrars by submitting a state voter registration application or the national voter registration application and any supporting evidence of U.S. citizenship. The county board of registrars shall give the applicant an opportunity for a hearing, upon the applicant's request in writing, and an opportunity to present any additional evidence to the county board of registrars. Notice of such hearing shall be given to the applicant at least five days prior to the hearing date. An applicant shall have the opportunity to be represented by counsel at such hearing. The county board of registrars shall assess the evidence provided by the applicant to determine whether the applicant has provided satisfactory evidence of U.S. citizenship. If the county board of registrars finds proof of U.S. citizenship by a preponderance of the evidence for an applicant whose voter registration application was received before the close of registration for the next scheduled election, said applicant shall be able to vote in that election.

(4) Standard of Proof and Majority Vote. The standard of proof for establishing U.S. citizenship before the county board of registrars shall be proof by a preponderance of the evidence. A decision of the county board of registrars shall be determined by majority vote.

(5) If the county board of registrars finds that the evidence presented by an applicant does not constitute satisfactory evidence of U.S. citizenship, the applicant shall have the right to appeal such determination by instituting an action under 8 U.S.C. § 1503. Any negative assessment of an applicant's eligibility by a county board of registrars shall be reversed if the applicant obtains a declaratory judgment pursuant to 8 U.S. C. § 1503, demonstrating that the applicant is a citizen of the United States.

Ala. Admin. Code r. 820-2-2-.21

New Rule: Filed September 31, 2013; effective March 7, 2013.

Authors: Jean Brown; Edward Packard; Julie Sinclair

Statutory Authority:Code of Ala. 1975, §§ 31-13-28 (2012), 17-3-1 (2006).