State election law doesn't give soldiers enough time to vote [AL]

THE DECATUR DAILY ^ | MARCH 8, 2006 | M.J. Ellington

[charrisGOP]

MONTGOMERY — Alabamians fighting overseas have as much right to vote as someone in line at the local voting booth, and election laws need to change for that to happen, officials said.

At a Tuesday meeting, officials said June primary and runoff votes might be disrupted either by extending the time between the primary and the runoff or some other means to comply with new federal edicts.

Attorney General Troy King, who called the meeting, said Alabama has little choice but to comply with U.S. Justice Department demands that the state correct absentee voting regulations. Justice officials said Alabama law does not allow voters in war zones and other areas outside the state enough time to send runoff ballots back to Alabama. The Justice Department threatened court action if the state does not remedy the situation.

Some officials said the large number of Alabama National Guard troops on active duty in Iraq brought attention to a longstanding problem.

Colbert County Probate Judge W. Thomas Crosslin said he first experienced the problem as a probate judge administering local elections and later as an active duty National Guard member stationed in Iraq.

"One day I'm a probate judge in Alabama, and the next day I'm a citizen soldier in the U.S. Army," Crosslin reflected. "I can tell you there is not enough time between a primary and a runoff to get the ballots back."

Crosslin said he voted in a primary in Iraq, but his runoff ballot missed the count deadline.

Lawrence County Probate Judge Richard I. Proctor said he believes a solution is long overdue.

"I've dealt with this for 30 years," Proctor said. "We are not only disenfranchising our military, but also anyone who has to send in an absentee ballot. Some ballots don't get counted."

Proctor said he favors increasing the amount of time between the primary election and a runoff.

Crosslin and Proctor represented the Probate Judges Association of Alabama at the meeting.

The Justice Department suggested that Alabama accept faxed ballots to help military people in areas where mail is unreliable, a recommendation that King said was puzzling. The Justice Department edict applies only to federal elections.

King said he disagrees with the Justice Department recommendations, as does Secretary of State Nancy Worley, whose office administers elections. Voter privacy issues and the absence of fax equipment in many war zones contribute to their concern.

King also wants a legislative remedy rather than waiting until the Justice Department requests an opinion from a federal judge that forces a remedy on the state.

King suggested the group look at moving the date of the runoff forward two weeks into July to accommodate mail ballots better. He also wants lawmakers to look at long-term solutions.

King and Worley met with members of House Constitution and Elections and Senate Constitution, Campaign Finance, Ethics and Elections committees, both considering election reform bills that address absentee voting this session.

Rep. Randy Hinshaw, D-Huntsville, said the Legislature already introduced the bills in anticipation of the need to change state regulations and will work with King, Worley and the judges to adjust the bills. The Legislature will take up the bills later this week

Colbert County's Crosslin said he hopes the state will come back later and look at the possibility of online balloting.