A federal judge in Alabama has made a ruling in favor of the state in a lawsuit challenging a new law criminalizing certain forms of assistance in applying for an absentee ballot. The ruling by Chief U.S. District Judge David Proctor allows civic groups to pursue one specific claim, regarding the law’s prohibition on gifts or payment for application assistance, under the Voting Rights Act’s provisions ensuring help for disabled, blind, or low-literacy voters from individuals of their choice.
The state’s request to dismiss other claims raised in the lawsuit was granted by the judge. Alabama, among various states led by Republicans, has implemented new restrictions on voter assistance, citing the need to address voter fraud. The lawsuit brought forth by the American Civil Liberties Union of Alabama, the Legal Defense Fund, and the Campaign Legal Center argues that the law criminalizes voter engagement that is civic and neighborly.
The legislation, initially named Senate Bill 1, prohibits the distribution of prefilled absentee ballot applications and the return of another person’s application. Furthermore, it establishes a felony, punishable by up to 20 years in prison, for providing or receiving payment or gifts related to absentee ballot application activities.
Proctor noted that the restriction on compensation could excessively burden a voter’s choice of an assistant and acknowledged the plausibility of the organizations’ claim in this regard. The law has put a halt to the work of voter outreach groups ahead of the upcoming general election, prompting groups like the League of Women Voters of Alabama to cease assisting individuals with absentee ballot applications.
Despite the court dismissing some of the important claims in the lawsuit, the plaintiffs expressed determination to continue their efforts to enable Alabamians to engage fully and freely in democracy. The organizations involved in the lawsuit include the NAACP of Alabama, the League of Women Voters, the Greater Birmingham Ministries, and the Alabama Disabilities Advocacy Program.
