On Tuesday, Chief U.S. District Judge David Proctor granted a partial preliminary injunction on a new ballot harvesting law passed by the legislature in March.
The ACLU, NAACP and other groups filed the lawsuit in federal court in April against Alabama Attorney General Steve Marshall, Alabama's 42 District Attorneys and Alabama Secretary of State Wes Allen to block the recently enacted Senate Bill 1, which increased penalties for ballot harvesting in Alabama.
Proctor said in a filing on Tuesday the groups' likelihood of success on the merits as to their claim that a provision restricting payment and gifts in exchange for giving ballot assistance to voters is preempted by Section 208 of the Voting Rights Act.
Prelim Injunctions b 1 Opinion by Caleb Taylor on Scribd
Proctor ordered, “Marshall, together with his agents, officers, employees, and successors are ENJOINED from implementing or enforcing SB 1’s Submission Restriction and Payment and Gift Provisions but only as to blind, disabled, or illiterate voters, within the meaning of Section 208 of the Voting Rights Act, who request assistance from a person of that voter’s choice.”
Proctor also ordered that “Marshall SHALL issue corrective instructions stating that the SB 1’s Submission Restriction and Payment and Gift Provisions have been preliminary enjoined as to blind, disabled, or illiterate voters and are not enforceable as to blind, disabled, or illiterate voters, within the meaning of Section 208 of the Voting Rights Act, who request assistance from a person of that voter’s choice.”
Attorneys for the plaintiffs said in a statement, “Nonpartisan civic engagement groups — composed of civic-minded, democracy-loving, everyday Americans — do the hard work of fighting to ensure that every American can access the fundamental freedom to vote.”
“We’re glad that the district court has sided with the rights of the voters and is committed to promoting voting accessibility. Our democracy works best when everybody can participate in it, and this ruling prevents the enforcement of a cruel law that would have suppressed the voices of blind, disabled, and low literacy voters. We’re proud of this victory, and we will continue to fight to ensure that all Alabamians can easily exercise their right to vote,” the attorneys said on Tuesday.
In response to the order, Marshall filed motions on Tuesday night appealing the ruling and requesting a stay of the preliminary injunction while the order is on appeal.
“As Defendant’s evidence shows, Alabama’s elections will be less secure and the voting rights of the State’s most vulnerable voters less protected if SB1’s injunction remains in place. To be sure, the Court held that the “injunction does not in any way prevent Alabama from prosecuting voter fraud when it occurs.” But voter fraud was already illegal when the Legislature determined, based on the historical record, that proactive and preventative measures were also needed,” Marshall said in a filing.
Allen said in a statement to 1819 News, “We are following very closely. Since the case is still active & pending appeal, I can’t comment at the moment.”
Election Day is November 5.
Motion to Stay by Caleb Taylor on Scribd
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
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