Case Summary
LWV Alabama, the Alabama State Conference of the NAACP, Greater Birmingham Ministries, and Alabama Disabilities Advocacy Program (ADAP), filed a federal lawsuit against restrictions on assisting voters with absentee ballot applications in Alabama. The new restrictions criminalize prefiling out an absentee ballot application with an applicant’s information, submitting another person’s absentee ballot application for them in almost all circumstances, receiving payment for distributing, collecting, or delivering a voter’s absentee ballot application, among other activities, and receiving or giving gifts for the same.
On March 20, 2024, Alabama Governor Kay Ivey signed SB 1 into law. The bill enacts several restrictions and criminal penalties for assisting voters with absentee ballot applications. These are:
- Prefiling restrictions: SB 1 makes it illegal for any person to “knowingly distribute an absentee ballot application to a voter that is prefilled with the voter’s name or any other information required on the application form.” Violating this provision is a Class A misdemeanor, punishable by up to a year of jail and $6,000 fines. SB 1 § 17-11-4(b)(2).
- Submission Restrictions: SB 1 also criminalizes submitting a completed absentee ballot application to the absentee election manager other than his or her own application. The only exception allows a person to submit an absentee ballot application for another person seeking emergency medical treatment within five days before an election. Violation of this provision is also punishable by up to a year in jail and $6,000 fines. SB 1 § 17-11-4(c)(2)
- Payment Restrictions: SB 1 makes it illegal for any third party to knowingly receive payments or pay a third party to “distribute, order, request, collect, prefill, complete, obtain, or deliver a voter’s absentee ballot application.” SB 1 § 17-11-4(d)(1)-(d)(2). Violations of these provisions are a Class B felony for persons who pay third parties and a Class C felony for third parties who receive such payments. A Class B felony carries a penalty of up to 20 years in prison, while a Class C felony can be punishable by up to 10 years in prison.
- Gift Restrictions: SB 1 makes it illegal for a third party to knowingly receive . . . a gift” or “knowingly . . . provide a gift” to a third party to “distribute, order, request, collect, prefill, complete, obtain, or deliver a voter’s absentee ballot application.” SB 1 § 17-11-4(d)(1)-(d)(2). As with the Payment Restrictions, violations of these provisions are a Class B felony for persons who give gifts and a Class C felony for people who receive gifts.
On April 4, 2024, the League of Women Voters of Alabama (LWV Alabama), the Alabama State Conference of the NAACP, Greater Birmingham Ministries, and ADAP filed a federal lawsuit in the United States District Court for the Northern District of Alabama, the plaintiffs asserted the above restrictions (1) violated their right to free speech; (2) violated their right to free association; were (3) unconstitutionally vague under the First and Fourteenth Amendments and (4) overbroad under the First Amendment; (5) illegal under Section 208 of the Voting Rights Act; and (6), obstructed ADAP’s federally mandated duties under the Supremacy Clause and the Help America Vote Act (HAVA).
LWV Alabama was represented by ACLU Alabama, Campaign Legal Center, the Alabama Disabilities Advocacy Program, NAACP Legal Defense and Educational Fund, and Southern Poverty Law Center.
LWV Timeline
Governor Kay Ivey signs SB 1 into law
Alabama Governor Kay Ivey signs SB 1 into law. The bill imposes restrictions and criminal punishments for assisting voters with absentee ballot applications in several ways.
LWV Alabama files lawsuit
LWV Alabama, the Alabama NAACP, Greater Birmingham Ministries, and Alabama Disabilities Advocacy Program (ADAP) file a federal lawsuit asserting the new restrictions on voter assistance violate the First Amendment, Fourteenth Amendment, Section 208 of the Voting Rights Act and, for plaintiff ADAP, HAVA.
Plaintiffs file motion for preliminary injunction
Plaintiffs file a motion for a preliminary injunction, requesting the court bar Alabama from enforcing the Prefilling, Submission, Payment, and Gift Restrictions.
Court grants plaintiffs' motion for preliminary injunction
On September 24, 2024, the court granted the League’s motion for a preliminary injunction on its Section 208 claim. The court’s order prohibits the state from implementing or enforcing the portion of SB1 that prohibits voters who are blind, disabled, or low literacy from requesting assistance from the person of their choice in voting for the 2024 election. The order also requires the Alabama attorney general to issue guidance that this portion of SB1 is not enforceable for the 2024 election.
Defendants file notice of appeal
Defendants file a notice of appeal of the district court's preliminary injunction and a motion to stay the order pending appeal to the Eleventh Circuit.
Eleventh Circuit Court of Appeals denies motion for stay
A three-judge panel of the United States Court of Appeals for the Eleventh Circuit denies defendants' motion for a stay, ruling they had failed to prove they would suffer irreparable harm if it was not granted.
Eleventh Circuit panel hears oral argument
A three-judge panel of the Eleventh Circuit hears oral argument on the state's appeal of the injunction striking down part of SB1 under Section 208.
Three-judge panel certifies questions to Alabama Supreme Court
The three-judge panel certifies several questions to the Alabama state supreme court, stating that SB1 is not written clearly, and asks the state court to define several terms stated in the law, such as the definitions of "payment", "gift", and "third party", as well as the scope of prohibited conduct.