(a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met:
(1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g).
(2) The person has no criminal felony charges pending against him or her in any state or federal court.
(3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases.
(4) Any of the following are true:
a. The person has been released upon completion of sentence.
b. The person has been pardoned.
c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity.
(b) The Certificate of Eligibility to Register to Vote shall be granted upon a determination that all of the requirements in subsection (a) are fulfilled.
(c) Upon receipt of an application under this section, investigation of the request shall be assigned forthwith to an officer of the state Board of Pardons and Paroles. The assigned officer shall verify, through court records, records of the board, and records of the Department of Corrections, that the applicant has met the qualifications set out in subsection (a). Within 30 days of the initial application for a Certificate of Eligibility to Register to Vote, the officer shall draft a report of his or her findings including a statement as to whether the applicant has successfully completed his or her sentence and has complied with all the eligibility requirements provided in subsection (a).
(d) After completing the investigation set out in subsection (c), the officer shall submit his or her report of investigation to the Executive Director of the Board of Pardons and Paroles.
(e) If the report created pursuant to subsection (c) states that the applicant has met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall issue a Certificate of Eligibility to Register to Vote to the applicant within 14 days of receipt of the report by the executive director.
(f) If the report created pursuant to subsection (c) states that the applicant has not met all of the eligibility criteria set forth in subsection (a), and the executive director or his or her designee attests that the report has been submitted properly and accurately, the Board of Pardons and Paroles shall not issue a Certificate of Eligibility to Register to Vote and shall notify the applicant of the decision and reason or reasons for the decision within 14 days of receipt of the report by the executive director. The applicant, upon completion of the eligibility requirement in subsection (a) for restoration of his or her rights, may submit a new application at any time if he or she has met the certification criteria.
(g) A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote under this section: Impeachment, murder, rape in any degree, sodomy in any degree, sexual abuse in any degree, incest, sexual torture, enticing a child to enter a vehicle for immoral purposes, soliciting a child by computer, production of obscene matter involving a minor, production of obscene matter, parents or guardians permitting children to engage in obscene matter, possession of obscene matter, possession with intent to distribute child pornography, or treason.
(h) This section shall not affect the right of any person to apply to the board for a pardon with restoration of voting rights pursuant to Section 15-22-36.
(i) Each state or county correctional facility, prison, or jail shall post materials to be prepared by the Secretary of State and the Board of Pardons and Paroles notifying incarcerated individuals of the requirements and procedures for having one’s voting rights restored.
(Act 2003-415, p. 1205, §2; Act 2016-387, §1.)
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 2006–2024 · leading case:
Thompson v. State, 293 F. Supp. 3d 1313 (M.D. Ala. 2017).
Thompson v. State, 293 F. Supp. 3d 1313 (M.D. Ala. 2017).
· cites it 25× “Ala. Code § 15-22-36.1 (2016). In this putative class action against the State of Alabama and its officials, Plaintiffs contend that these laws-section 177(b) of Article VIII of the Alabama Constitution of 1901, and section 15 - 22 - 36.”
United States v. James DeWayne Nix, 438 F.3d 1284 (11th Cir. 2006).
“Code § 12-16-150 (5) (loss of right to serve on juries); Ala.Code § 15-22-36.1(a)(l) (loss of right to vote).”
Greater Birmingham Ministries v. Sec'y of State for the State of Alabama, 105 F.4th 1324 (11th Cir. 2024).
“Ala. Code §§ 15-22-36.1 , 17-3-30.1. Greater Birmingham Ministries educates citizens with non-disqualifying felonies about the fact that they can still vote, identifies eligible voters with non- disqualifying felonies who were erroneously removed from the voter rolls, and guides…”
Thompson v. Allen (M.D. Ala. 2020).
· cites it 10× “Ed Packard, Alabama’s 6 Ala. Code § 15-22-36.1 (g) provides as follows: A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote…”
Smith v. Lewis (S.D. Ala. 2018).
· cites it 7× “3 A statute found at Alabama Code § 15-22-36.1 allows any person convicted in state or federal court to apply to the Board for a Certificate of Eligibility to Register to Vote if certain requirements are met.”
Thompson v. Allen (M.D. Ala. 2019).
· cites it 4× “” A separate statute, Ala. Code §15-22-36.1 (a)(3), sets out the procedure for a person to apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote.”
Smith v. Lewis (S.D. Ala. 2018).
· cites it 3× “Smith’s Motion posits that he is asserting an equal protection claim against defendant, Demetria Lewis, for denying his application for a Certificate of Eligibility to Register to Vote, pursuant to Alabama Code § 15-22-36.1. Plaintiff’s theory of liability is that Lewis denied…”
Thompson v. Allen (M.D. Ala. 2020).
· cites it 2× “Ala. Code §15-22-36.1 . The original Plaintiffs initially filed this lawsuit on September 26, 2016.”
Smith v. Lewis (S.D. Ala. 2018).
· cites it 2× “Insofar as Smith is requesting that this Court order the Board to restore his voting rights pursuant to Alabama Code § 15-22-36.1, the Board shows that it has already taken that action voluntarily.”
Greater Birmingham Ministries v. Sec'y of State for the State of Alabama (11th Cir. 2024).
“Ala. Code §§ 15-22-36.1 , 17-3-30.1. Greater Birmingham Ministries educates citizens with non-disqualifying felonies about the fact that they can still vote, identifies eligible voters with non- disqualifying felonies who were erroneously removed from the voter rolls, and guides…”
— Ala. Code § 15-22-36.1(3) — 1 case
Thompson v. State, 293 F. Supp. 3d 1313 (M.D. Ala. 2017).
“Ala. Code § 15-22-36.1 (2016). In this putative class action against the State of Alabama and its officials, Plaintiffs contend that these laws-section 177(b) of Article VIII of the Alabama Constitution of 1901, and section 15 - 22 - 36.”
— Ala. Code § 15-22-36.1(a) — 2 cases
Thompson v. Allen (M.D. Ala. 2020).
“Ed Packard, Alabama’s 6 Ala. Code § 15-22-36.1 (g) provides as follows: A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote…”
Smith v. Lewis (S.D. Ala. 2018).
“Smith’s Motion posits that he is asserting an equal protection claim against defendant, Demetria Lewis, for denying his application for a Certificate of Eligibility to Register to Vote, pursuant to Alabama Code § 15-22-36.1. Plaintiff’s theory of liability is that Lewis denied…”
— Ala. Code § 15-22-36.1(a)(3) — 2 cases
Thompson v. State, 293 F. Supp. 3d 1313 (M.D. Ala. 2017).
“Ala. Code § 15-22-36.1 (2016). In this putative class action against the State of Alabama and its officials, Plaintiffs contend that these laws-section 177(b) of Article VIII of the Alabama Constitution of 1901, and section 15 - 22 - 36.”
Thompson v. Allen (M.D. Ala. 2020).
“Ed Packard, Alabama’s 6 Ala. Code § 15-22-36.1 (g) provides as follows: A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote…”
— Ala. Code § 15-22-36.1(a)(l) — 2 cases
United States v. James DeWayne Nix, 438 F.3d 1284 (11th Cir. 2006).
“Code § 12-16-150 (5) (loss of right to serve on juries); Ala.Code § 15-22-36.1(a)(l) (loss of right to vote).”
— Ala. Code § 15-22-36.1(b) — 2 cases
Thompson v. State, 293 F. Supp. 3d 1313 (M.D. Ala. 2017).
“Ala. Code § 15-22-36.1 (2016). In this putative class action against the State of Alabama and its officials, Plaintiffs contend that these laws-section 177(b) of Article VIII of the Alabama Constitution of 1901, and section 15 - 22 - 36.”
Thompson v. Allen (M.D. Ala. 2020).
“Ed Packard, Alabama’s 6 Ala. Code § 15-22-36.1 (g) provides as follows: A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote…”
— Ala. Code § 15-22-36.1(e) — 1 case
Smith v. Lewis (S.D. Ala. 2018).
“3 A statute found at Alabama Code § 15-22-36.1 allows any person convicted in state or federal court to apply to the Board for a Certificate of Eligibility to Register to Vote if certain requirements are met.”
— Ala. Code § 15-22-36.1(g) — 2 cases
Thompson v. State, 293 F. Supp. 3d 1313 (M.D. Ala. 2017).
“Ala. Code § 15-22-36.1 (2016). In this putative class action against the State of Alabama and its officials, Plaintiffs contend that these laws-section 177(b) of Article VIII of the Alabama Constitution of 1901, and section 15 - 22 - 36.”
Thompson v. Allen (M.D. Ala. 2020).
“Ed Packard, Alabama’s 6 Ala. Code § 15-22-36.1 (g) provides as follows: A person who has lost his or her right to vote by reason of conviction in a state or federal court for any of the following will not be eligible to apply for a Certificate of Eligibility to Register to Vote…”
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