NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for more current information, see their tracker. COVID-19 Summary: This lawsuit was filed by Alabama voters to temporarily enjoin Alabama’s voting law provisions during the COVID-19 pandemic. The plaintiffs challenged the witness and photo ID requirement, requiring absentee voters to obtain witness or notary signatures, and submit a photocopy of their ID with their ballot. The plaintiffs sought declaratory and injunctive relief to enjoin enforcement of the Witness and ID requirement and to allow curbside voting during the primary, municipal, and general election in 2020. On June 15, the preliminary injunction was granted in part in favor of the plaintiffs, pertaining to the July 14 primary runoff. The defendants appealed to the Eleventh Circuit; the court denied the defendant’s motion for stay pending appeal on June 25. The defendants then appealed to the U.S. Supreme Court which granted the stay on July 2.
On May 1, 2020, five voters and three organizations filed this class-action lawsuit against the State of Alabama to temporarily enjoin its voting law provisions during the COVID-19 pandemic. Specifically, the plaintiffs challenged Alabama’s witness requirement requiring absentee voters to sign their vote before a notary or two witnesses, and the ID application requirement, requiring absentee voters to submit a copy of their photo ID. The plaintiffs noted that Alabama is one of the only three states to require the absentee ballot to be notarized and one of the only 12 states that require an individual to submit an absentee ballot to have it witnessed. The plaintiffs also challenged Alabama’s prohibition curbside voting, which allows voters to cast their ballots in person without leaving their vehicles.
Filled in the U.S. District Court for the Northern District of Alabama, the plaintiffs sought declaratory relief under 28 U.S.C. §§ 2201-02 and injunctive relief to enjoin enforcement of the Witness and ID requirement and to allow curbside voting during the primary, municipal, and general election in 2020 under 42 U.S.C. §§ 1983, 42 U.S.C. §§ 12131, 52 U.S.C. §§ 10301, 10302(b) and 10501. The plaintiffs also sought an injunction requiring the defendants to accept otherwise valid absentee ballots missing a notary or two witnesses, and modify election materials accordingly to reflect the elimination of the challenged provisions. The plaintiffs were represented by the Southern Poverty Law Center, NAACP Legal Defense and Educational Fund, and the Alabama Disabilities Advocacy Program. The case was assigned to District Judge Abdul K. Kallon.
The plaintiffs alleged that the challenged provisions constituted an unreasonable burden on the fundamental right to vote in violation of the First and Fourteenth Amendments to the U.S. Constitution, Title II of the Americans with Disabilities Act (ADA), and Sections 2, 3(b), and 201 of the Voting Rights Act of 1965 (VRA). Specifically, the plaintiffs alleged that the Witness and ID requirements exposed voters to additional risk of infection by posing additional barriers to voting, which threatened to disenfranchise voters adhering to social distancing guidelines.
On June 15, the preliminary injunction was granted in part, enjoining the defendants from enforcing the witness requirement for voters who cannot safely meet the requirements due to underlying medical conditions identified by the CDC to increase the risk of COVID-19. 2020 WL 3207824. The photo ID requirement was also enjoined for voters over the age of 65 or those who could not safely obtain a copy of their photo ID, and the defendants were also enjoined from prohibiting curbside voting. The injunction was granted only part, granting relief as to the July 14 primary runoff, instead of all elections to be held in 2020, as requested by the plaintiffs.
On June 17, the Alabama Secretary of State filed an appeal to the Eleventh Circuit, contending that the challenged laws were necessary to preserve the legitimacy of upcoming elections by preventing voter fraud and safeguarding voter confidence. On the same day, the defendant filed an emergency motion to stay the June 15 order pending the appeal.
On June 25, the emergency motion for stay pending appeal was denied. 2020 WL 3478093. The defendants appealed to the U.S. Supreme Court.
On June 30, the parties entered into a settlement agreement as to defendant Circuit Clerk of Lee County -- the parties agreed to dismiss the case as to the Circuit Clerk, in exchange for the defendant's will compliance with the orders of the court regarding this lawsuit. The settlement agreement was approved the same day.
On July 2, in a 5-4 split decision, the Supreme Court granted a stay of the preliminary injunction pending the Eleventh Circuit appeal. 2020 WL 3604049. The case is ongoing.
Averyn Lee - 07/06/2020
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