Weekend Read: A huge victory for safe and accessible voting in Alabama
The right to vote is vitally important, and casting a ballot should never require risking your health.
Yet, in the midst of a historic pandemic, that鈥檚 exactly where voters across the country find themselves, as officials refuse to amend voting practices to create safe, accessible and socially distanced alternatives to in-person voting at polling places.
For months, it seemed like Alabama would become an egregious example of how not to run elections during a pandemic. Citing baseless concerns about voter fraud 鈥 of the dangerous, false and conspiratorial rhetoric 鈥 Alabama Secretary of State John Merrill refused to significantly modify voting procedures for this year鈥檚 elections. The state鈥檚 sole concession, waiving the 鈥渆xcuse鈥 requirement for absentee voting in the upcoming July 14 primary runoff election, did little to address Alabama鈥檚 notoriously strict voting procedures 鈥 for example, requiring absentee ballots to be witnessed or notarized and requiring photo ID to be submitted with absentee ballot applications.
So, on May 1, we sued. And this week, an appellate court delivered a huge victory for Alabama voters vulnerable to COVID-19, by allowing an order from a lower court to stand that will permit any county probate judge in the state to implement curbside voting 鈥撀爓ithout interference from the secretary of state. The order also lets certain at-risk voters in three of Alabama鈥檚 most populous counties bypass the state鈥檚 burdensome requirements for absentee ballots.
Our lawsuit, People First of Alabama v. Merrill, was filed in partnership with the NAACP Legal Defense and Educational Fund, Inc., and the Alabama Disabilities Advocacy Program. The complaint notes that measures like absentee and curbside voting are particularly important for older voters, voters with disabilities and Black voters, who have been severely and disproportionately affected by COVID-19. Despite making up around one-fourth of the state鈥檚 population, Black people accounted for 45% of Alabama鈥檚 COVID-19 related deaths at the time the lawsuit was filed.
鈥淭his is an important win for Alabama voters at risk for COVID-19,鈥 said聽Caren Short, 人兽性交 senior staff attorney. 鈥淎s cases continue to surge across the state 鈥 disproportionately impacting Black Alabamians 鈥 it is critical that those most at-risk from COVID-19 can vote safely.鈥
The decision from the U.S. Court of Appeals for the 11th Circuit, issued on Thursday, denied an emergency motion filed by Secretary Merrill and the state of Alabama to stay a lower court鈥檚 decision, which, for the July 14 election, prevents the secretary from interfering with curbside voting.
The injunction also permits voters in three counties 鈥撀燡efferson, Lee and Mobile, the home counties of the lawsuit鈥檚 individual plaintiffs 鈥 to bypass the state鈥檚 witness, notary and photo ID requirements for absentee ballots. For voters who live alone or with one other adult, the witness and notary requirement essentially mandates that they violate social distancing guidelines by having their ballot notarized or signing it in the presence of two adult witnesses.
These restrictions are onerous even in normal times; during a historic pandemic, they鈥檙e indefensible. The photo ID requirement poses a similar issue, risking the health of voters who must leave their homes because they either do not have an ID or do not have access to home office equipment to make a copy of it.
鈥淎s the 11th Circuit Court of Appeals noted, 鈥楩orcing a high-risk voter to choose between risking her health or life or abandoning her right to vote鈥 violates the [Americans with Disabilities Act] 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,鈥 said聽Bill Van Der Pol, senior trial counsel for the Alabama Disabilities Advocacy Program.
The decision is a major victory for Alabama voters who are at higher risk of severe illness or death from COVID-19. The People First of Alabama case is currently scheduled to go to trial in September 2020. Our Voting Rights team continues to fight so that all Alabama voters can vote safely in November.
Voting in Alabama has historically not been easy for many people, to say the least 鈥 but there鈥檚 no reason that reputation can鈥檛 be changed going forward. Victories like this one give us hope that Alabama鈥檚 past 鈥 and America鈥檚 past, for that matter 鈥 will not dictate its future.
Read about this week鈥檚 decision here and more about the lawsuit here.
Photo by Brynn Anderson / AP Images