Judge limits scope of lawsuit challenging Alabama restrictions on help for absentee ballot applications

 1637519785 
1724436000

MONTGOMERY, Ala. (AP) — A federal judge has sided with the state of Alabama in narrowing the scope of a lawsuit challenging a new law that criminalizes some ways of helping other people to apply for an absentee ballot.

Chief U.S. District Judge David Proctor ruled Wednesday that civic groups can pursue just one of their claims: that the law’s ban on gifts or payment for application assistance violates the Voting Rights Act’s assurances that blind, disabled or low-literacy voters can get help from a person of their choice. The judge granted the state’s request to dismiss the other claims raised in the lawsuit.

Alabama is one of several Republican-led states imposing new limits on voter assistance. State Republicans said they’re needed to combat voter fraud. The federal lawsuit by the American Civil Liberties Union of Alabama, the Legal Defense Fund and the Campaign Legal Center says it “turns civic and neighborly voter engagement into a serious crime.”

The new law, originally known as Senate Bill 1, makes it illegal to distribute an absentee ballot application that is prefilled with information such as the voter’s name, or to return another person’s absentee ballot application. And it created a felony, punishable by up to 20 years in prison, to give or receive a payment or a gift “for distributing, ordering, requesting, collecting, completing, prefilling, obtaining, or delivering a voter’s absentee ballot application.”

Proctor said the organizations made a plausible claim that the restriction on compensation “would unduly burden a voter’s selection of a person to assist them in voting.” Plaintiffs said their paid staff members or volunteers, who are given gas money or food, could face prosecution for helping a voter with an application.

“A blind, disabled, or illiterate voter may require assistance ordering, requesting, obtaining, completing, and returning or delivering an absentee ballot application. Such assistance is guaranteed by Section 208, but it is now criminalized under SB 1 when done by an assistor paid or given anything of value to do so, or when the assistor provides any gift or payment to a voter,” Proctor wrote.

The new law has forced voter outreach groups to stop their work ahead of the general election. Alabama voters wishing to cast an absentee ballot in the Nov. 5 election have until Oct. 31 to hand deliver their absentee application. The deadline is two days earlier if they are mailing the application.

Kathy Jones of the League of Women Voters of Alabama said last month that the group has “basically had to stand down” from helping people with absentee ballot applications because of the uncertainty and fear.

Alabama had asked to have lawsuit dismissed in its entirety. The state attorney general’s office did not immediately comment on the decision.

“We are glad that the court recognized the rights of blind, disabled, and low-literacy voters in this order and that our claim under the Voting Rights Act will proceed,” lawyers for plaintiffs said in a joint statement Friday. “While we are disappointed that the court dismissed some of our other important claims, we intend to do everything we can in this case (and beyond) to ensure Alabamians can participate in our democracy fully and freely.”

The plaintiffs include the NAACP of Alabama, the League of Women Voters, the Greater Birmingham Ministries and the Alabama Disabilities Advocacy Program.

 

This year’s FAFSA is officially open. Early review says it’s ‘a piece of cake’

The FAFSA form is now open to students hoping to get help paying for college in the 2025-26 academic year. Students can expect a much smoother process compared to the last cycle.

He was stuck in a hospital for 8 months. How states can fail people with disabilities

In Georgia and other states, the federal government oversees the treatment of people with mental illness and developmental disabilities, because the states have been unable to comply with the Americans with Disabilities Act and the subsequent Olmstead ruling.

Foreign nationals propel U.S. science. Visa limits under Trump could change that

The incoming Trump administration is likely to crack down on the H-1B visas used by tech companies and research institutions to hire top talent from other countries.

The International Criminal Court has issued arrest warrants for Netanyahu and Gallant

The International Criminal Court issued arrest warrants on Thursday for Israel's Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, for alleged war crimes in the Gaza Strip.

Are you a caregiver for an adult? How has it changed you?

Many who care for family members and loved ones at home say it can be very stressful but also rich in meaning. Share your story and insights.

MF DOOM’s music was his legend. The man himself was the myth

The late rapper's 2004 album MM..FOOD may never have the classic status of its sister release, Madvillainy. But 20 years later, it's the one to play if you want to hear the essence of his artistry.

More Front Page Coverage