Ala. Admin. Code r. 820-2-9-.06

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

Section 820-2-9-.06 - Processing Applications For Free Alabama Photo Voter Identification Card

(1) To process the elector's application for the Alabama photo voter identification card the processing agent shall require the elector to complete, sign, and submit the application form set forth in Rule 820-2-9-.03 and to present documentation showing the applicant's full legal name and date of birth. All of the information may be contained in one document. The applicant's voter registration information can be confirmed electronically. If the elector completes, signs, and submits an application and presents said information as set forth in the application form, the processing agent shall immediately:

(a) capture a digital photograph of the elector;

(b) issue the receipt for the Alabama photo voter identification card to the elector, which shall contain the digital photograph of the elector; and

(c) inform the elector that he or she should receive the Alabama photo voter identification card within fourteen (14) days and that the elector can use the receipt for the Alabama photo voter identification card to vote for forty-five (45) days from the date of issuance.

(2) If the elector completes, signs, and submits an application for a free Alabama photo voter identification card but the processing agent determines the form of identification presented by the elector does not satisfy the requirements of Rule 820-2-9-.03, the processing agent shall immediately advise the elector of the reason(s) why the application has been denied, and further advise the voter of the availability of an appeal process.

(3) Right of appeal. In the event an elector is denied issuance of an Alabama photo voter identification card, or a card is subsequently cancelled, the elector shall have the right to appeal the denial or cancellation through the appeals process outlined in Code of Alabama, section 17-3-55. The processing agent and/or issuing agent shall not be made a party to any appeal and shall not be liable for costs. An Alabama elector can appeal the denial or cancellation of an Alabama photo voter identification card, without giving security for costs, within 30 days after such denial or cancellation, by filing a petition in the probate court in the county of residence, alleging that he or she is qualified to receive a free Alabama photo voter identification card. Upon the filing of the petition, the clerk of the probate court shall give notice thereof to the district attorney authorized to represent the state in the county, who shall appear and defend against the petition on behalf of the state. An appeal will lie to the circuit court in favor of the petitioner if taken within 30 days from the date of judgment pursuant to-Section 12-22-20. Final judgment in favor of the petitioner shall entitle him or her to a free Alabama photo voter identification card as of the date of his or her application for the card.

Ala. Admin. Code r. 820-2-9-.06

New Rule: Filed October 22, 2013; effective November 26, 2013.

Authors: Jean Brown; Ed Packard; Julie Sinclair.

Statutory Authority:Code of Ala. 1975, § 17-9-30 (2011).