The U.S. Department of Justice (DoJ) filed a statement of interest Monday that says Alabama’s rules requiring witnesses to validate an absentee ballot submission do not violate the Voting Rights Act.
The lawsuit in question is between private plaintiffs and Alabama Secretary of State John Merrill. Plaintiffs are arguing that Merrill and the State of Alabama have not done enough to make voting accessible during the coronavirus pandemic.
The plaintiffs are being represented by two attorneys from the Southern Poverty Law Center (SPLC). Part of the attorneys’ argument is that Alabama’s requirement that absentee voters have two witnesses or one notary public authorize an absentee ballot submission has always, even before COVID-19, violated section 201 of the Voting Rights Act.
The DoJ is not expressing a view on the other portions of the case, but is siding with Merrill on the point that Alabama’s pre-existing absentee authorization requirements do not violate the Civil Rights Act.
The Secretary of State’s office has declared that fear of contracting the coronavirus is a worthy reason for applying to get an absentee ballot.
That decision by Merill allowing anyone in Alabama fearful of COVID-19 transmission to vote absentee is a measure more generous than many Republican-run states. Texas Attorney General Ken Paxton has argued such a reason is not sufficient, as have various State of Tennessee officials
The SPLC lawsuit acknowledges Merrill’s allowance for those scared of the coronavirus, but says, “Nonetheless, in this unprecedented situation, multiple provisions of Alabama law, policy, and/or practice that establish requirements for voting in-person and by-mail are now posing direct and severe obstacles to voting.”
Section 201 of the Voting Rights Act of 1965 is designed to prevent practices like poll taxes and educational tests that white segregationists used to prevent black Americans from voting during much of the 20th century.
“The Voting Rights Act outlaws certain practices that deprive Americans of the right to vote because of race and other protected traits. The Voting Rights Act does not outlaw all voting-related requirements enacted by the States,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division in a statement emailed to Yellowhammer News.
A full list of the arguments made by the SPLC attorneys can be found in the lawsuit’s initial filing documents.
Merrill and the SPLC have a long history of legal confrontations. The official has previously derided the group’s claims of voter suppression and accused them of pushing a liberal agenda. In making those arguments, Merrill always notes that Alabama has consistently set new state records in terms of total voters registered while he has been in office.
Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: [email protected] or on Twitter @HenryThornton95
Don’t miss out! Subscribe today to have Alabama’s leading headlines delivered to your inbox.