A federal appeals court today denied a request by Alabama state officials for an emergency stay of a judge’s order allowing curbside voting and relaxing certain absentee voting requirements for people at risk of serious illness from COVID-19.
The ruling applies to the July 14 runoff.
The appeals court declined to stay, or put on hold, the June 15 order by U.S. District Judge Abdul Kallon.
Kallon granted in part a preliminary injunction sought by four individual voters and three organizations -- the Alabama State Conference of the NAACP, Greater Birmingham Ministries, and People First of Alabama -- who said that certain absentee voting requirements and a ban on curbside voting violated their voting rights because it forced them to choose between not voting or putting themselves at risk of illness from exposure to COVID-19.
Organizations who represented the plaintiffs put out statements praising the ruling.
“This is an important win for Alabama voters at-risk for COVID-19,” said Caren Short, senior staff attorney for the Southern Poverty Law Center. “As cases continue to surge across the state — disproportionately impacting Black Alabamians — it is critical that those most at-risk from COVID-19 can vote safely.”
“The 11th Circuit’s decision means hundreds of thousands of Alabama voters will be able to safely exercise their constitutional right to vote,” said NAACP Legal Defense and Educational Fund, Inc., Senior Counsel Natasha Merle. “The witness signature and photo ID requirements were obstacles that would have unnecessarily exposed people to COVID-19. We also hope to see local officials offering curbside voting in July and beyond."
Bill Van Der Pol, Senior Trial Counsel for the Alabama Disabilities Advocacy Program, said, “As the 11th Circuit Court of Appeals noted, ‘Forcing a high-risk voter to choose between risking her health or life or abandoning her right to vote’ violates the ADA because it unduly restricts a person with a disability to equal access and enjoyment to the right to vote, which is a hallmark of any democracy."
Alabama Secretary of State John Merrill, who sought the stay, issued a statement.
“Even though our stay was denied, the case is still under review and our appeal is still under consideration by the Eleventh Circuit,” Merrill said.
“We are committed to preserving the integrity and credibility of the electoral process and protecting the opportunity for every eligible Alabama voter to participate in our elections in an unobstructed way.”
Kallon’s ruling, which remains in force with today’s ruling by the appeals court:
Blocks enforcement of a requirement to have an absentee ballot witnessed by two people or a notary public if the voter provides a written statement under penalty of perjury that he or she suffers from an underlying medical condition that the Centers for Disease Control said puts them at a substantially higher risk from COVID-19. (Applies only to Jefferson, Lee, and Mobile counties.)
Blocks enforcement of a photo ID requirement for any absentee voter 65 or older or with a disability who determines it is impossible or unreasonable to safely satisfy that requirement, and who provides a written statement signed by the voter under penalty of perjury that he or she is 65 or older or has a disability. (Applies only to Jefferson, Lee, and Mobile counties.)
Blocks the secretary of state from prohibiting counties from establishing curbside voting procedures that otherwise comply with state election law.
The appeals court decision said Alabama does not have a law prohibiting curbside voting, but said Merrill has at least “on at least two occasions,” stopped counties from setting up curbside voting because he did not think it was allowed under state law. The plaintiffs allege that amounted to a de facto ban on curbside voting.
Source
The ruling applies to the July 14 runoff.
Kallon granted in part a preliminary injunction sought by four individual voters and three organizations -- the Alabama State Conference of the NAACP, Greater Birmingham Ministries, and People First of Alabama -- who said that certain absentee voting requirements and a ban on curbside voting violated their voting rights because it forced them to choose between not voting or putting themselves at risk of illness from exposure to COVID-19.
Organizations who represented the plaintiffs put out statements praising the ruling.
“This is an important win for Alabama voters at-risk for COVID-19,” said Caren Short, senior staff attorney for the Southern Poverty Law Center. “As cases continue to surge across the state — disproportionately impacting Black Alabamians — it is critical that those most at-risk from COVID-19 can vote safely.”
Bill Van Der Pol, Senior Trial Counsel for the Alabama Disabilities Advocacy Program, said, “As the 11th Circuit Court of Appeals noted, ‘Forcing a high-risk voter to choose between risking her health or life or abandoning her right to vote’ violates the ADA because it unduly restricts a person with a disability to equal access and enjoyment to the right to vote, which is a hallmark of any democracy."
Alabama Secretary of State John Merrill, who sought the stay, issued a statement.
“Even though our stay was denied, the case is still under review and our appeal is still under consideration by the Eleventh Circuit,” Merrill said.
“We are committed to preserving the integrity and credibility of the electoral process and protecting the opportunity for every eligible Alabama voter to participate in our elections in an unobstructed way.”
Kallon’s ruling, which remains in force with today’s ruling by the appeals court:
Blocks enforcement of a requirement to have an absentee ballot witnessed by two people or a notary public if the voter provides a written statement under penalty of perjury that he or she suffers from an underlying medical condition that the Centers for Disease Control said puts them at a substantially higher risk from COVID-19. (Applies only to Jefferson, Lee, and Mobile counties.)
Blocks enforcement of a photo ID requirement for any absentee voter 65 or older or with a disability who determines it is impossible or unreasonable to safely satisfy that requirement, and who provides a written statement signed by the voter under penalty of perjury that he or she is 65 or older or has a disability. (Applies only to Jefferson, Lee, and Mobile counties.)
Blocks the secretary of state from prohibiting counties from establishing curbside voting procedures that otherwise comply with state election law.
The appeals court decision said Alabama does not have a law prohibiting curbside voting, but said Merrill has at least “on at least two occasions,” stopped counties from setting up curbside voting because he did not think it was allowed under state law. The plaintiffs allege that amounted to a de facto ban on curbside voting.
Source
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