2 months ago

Obama appointee strikes down Alabama’s absentee voting fraud safeguards for July 14 runoff

United States District Judge for the Northern District of Alabama Abdul K. Kallon on Monday struck down certain absentee balloting requirements for the state’s upcoming July 14 runoff election, however the ruling was only made to benefit certain demographics of voters.

Kallon, an appointee of former President Barack H. Obama, issued a memorandum opinion providing immediate relief in response to a motion for preliminary injunction filed in People First of Alabama v. Merrill.

The NAACP Legal Defense & Educational Fund, Inc. (LDF), Southern Poverty Law Center (SPLC) and the Alabama Disabilities Advocacy Program (ADAP) are involved in the case on behalf of the plaintiffs: People First of Alabama, Greater Birmingham Ministries and the Alabama NAACP. The main defendant in the case is Secretary of State John H. Merrill, in his role as chief elections official for the State of Alabama.

The Monday ruling came prior to any trial proceedings that may take place in the case, and thus might not hold up until the runoff.

However, if it stands until then, the ruling would represent a major change to Alabama’s elections process with just under a month to go until the runoff.

First, Kallon ordered defendants not to enforce the state’s absentee voting requirement of each absentee ballot being notarized or signed by two witnesses for any voters “who determine it is impossible or unreasonable to safely satisfy” this requirement.

Next, the judge decreed that defendants not enforce the absentee voting requirement of each absentee ballot being accompanied by a copy of the respective voter’s valid form of photo ID. This order only applies to voters aged 65 or older, or disabled, “who determine it is impossible or unreasonable to safely satisfy that requirement in light of the COVID-19 pandemic.”

Signed statements “under penalty of perjury” are required to be submitted by absentee voters taking advantage of either one of these two portions of the order.

In a release, the SPLC advised that the same portions of the order are applicable “in at least Jefferson, Mobile, and Lee Counties.” The respective election officials for these counties were also named as defendants in the case.

Finally, the ruling would allow for statewide “curbside voting” at in-person polling locations.

Here’s what the ruling concluded, verbatim:

Thus, for the foregoing reasons and after careful consideration of the record, the court will grant in part the plaintiffs’ motion for a preliminary injunction, and will order defendants: (1) not to enforce the witness requirement for the July 14 runoff election for absentee voters who determine it is impossible or unreasonable to safely satisfy that requirement in light of the COVID-19 pandemic, and who provide a written statement signed by the voter under penalty of perjury that he or she suffers from an underlying medical condition that the Centers for Disease Control has determined places individuals at a substantially higher risk of developing severe cases or dying of COVID-19; (2) not to enforce the photo ID requirement for the July 14 runoff election for absentee voters who are over the age of 65 or disabled who determine it is impossible or unreasonable to safely satisfy that requirement in light of the COVID-19 pandemic, and who provide a written statement signed by the voter under penalty of perjury that he or she is 65 or older or has a disability; and (3) not to enforce the state’s de facto prohibition on curbside voting. A separate order will be issued.

Merrill has consistently stated — for over three months — that the coronavirus pandemic and the resulting state of emergency allow all eligible Alabama voters to vote absentee for the July 14 runoff should they not feel safe with in-person voting.

For the runoff, the deadline to register to vote is June 29. Meanwhile, the deadline to submit an absentee ballot application is July 9. The deadline to return an absentee ballot to their absentee election manager is the close of business on July 13, and the last day to postmark an absentee ballot is also July 13. Voters who are eligible to vote pursuant to the Uniformed and Overseas Absentee Voting Act will have until July 14 to postmark an absentee ballot.

“We have worked to provide safe, secure, and free elections for the people of Alabama through offering an extended absentee voting period for the upcoming Primary Runoff Election, and we will continue to see that Alabamians have the opportunity to participate in the electoral process in a way that does not affect their health or well-being,” Merrill stated in March.

The secretary of state has previously explained that the state’s absentee balloting requirements are designed to mitigate against fraud.

He has added that most recent cases of voter fraud in Alabama came through absentee balloting rather than in-person voting. Merrill even had to publicly rebut a claim by the SPLC that “voter fraud” has “consistently proven to be non-existent.”

Merrill thus identified the absentee process as something he wanted the state legislature to revamp in order to further guard against fraud.

However, Monday’s ruling could work in the opposite direction if his warnings are correct, enabling increased fraud as the state continues to conduct an important president election cycle.

On the other hand, NAACP LDF senior counsel Deuel Ross in a statement called the absentee balloting safeguards “needless barriers.”

“This ruling is not only a victory for our clients, whose pre-existing conditions make them especially vulnerable to COVID-19, but it is also a victory for at-risk Alabamians who should not have to jump over unnecessary hurdles to vote, especially in the middle of a global pandemic,” concluded Caren Short, senior SPLC staff attorney.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

52 mins ago

Chuck Martin endorses Republican Russell Bedsole in Alabama House District 49

Russell Bedsole’s Republican candidacy has received a boost in the Alabama House District 49 special election.

This seat, covering parts of Bibb, Chilton and Shelby Counties, was vacated by the resignation of State Rep. April Weaver (R-Brierfield), who left the legislature to join the administration of President Donald J. Trump.

Bedsole led the pack in the GOP primary held last week, finishing ahead of second-place Mimi Penhale and third-place Chuck Martin. Since no candidate got a majority, a runoff will be held on September 1.

On Wednesday night, Martin endorsed Bedsole in that runoff via a Facebook post.


Martin led Bibb County in primary votes and finished with a competitive 24.25% overall.

In a release, he expounded on why he is publicly backing Bedsole.

“After thoughtful consideration, I am endorsing Russell Bedsole to represent District 49 in the Alabama House of Representatives,” Martin stated. “Like me, Bedsole has deep roots in District 49. I believe he will be a strong voice for Bibb, Shelby, and Chilton counties, and he will fight for our communities’ conservative Christian values in Montgomery.”

Bedsole, a longtime deputy sheriff in Shelby County and an Alabaster city councilor, has already been endorsed by the likes of Shelby County Sheriff John Samaniego and the Alabama State Fraternal Order of the Police in the race.

“It is an honor to be endorsed by Chuck Martin,” Bedsole commented. “As a representative of District 49, I will fight for pro-life and pro-Second Amendment legislation, along with funding for developing crucial infrastructure, in the Alabama House of Representatives.”

Penhale, the legislative director for Shelby County’s legislative delegation, has taken an unpaid leave of absence from her state government job to run for office. She has been endorsed by the Alabama Farmers Federation.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

3 hours ago

License plate to support Alabama business proposed — Must meet 1,000 application benchmark

A license plate that will support Alabama small businesses will be created if 1,000 apply for one by July 31.

Funds from purchasing the plate will be given to Main Street Alabama, which will in turn provide workshops and grants to small businesses around the Yellowhammer State.

The tag can be applied for here. A $50 fee accompanies the application.

“With this program, individuals can show their dedication to their favorite small businesses, who in many cases are their friends and neighbors, with a tag that gives back to them with workshops and grants focused on strengthening their business,” said Main Street Alabama state coordinator Mary Helmer in a statement.


Helmer added, “Small businesses keep it local by consistently sponsoring the local baseball team, providing gift baskets for the local charity drives and creating jobs in their community.”

Main Street Alabama is a non-profit entity and an offshoot of Main Street America organization.

The artwork on the tag was created by Chris Seagle, a graphic designer based in Birmingham.

The idea for a car tag supporting small business originated among a group of elected officials in Jefferson County.

Casey Middlebrooks, a member of the group and a Hoover City Councilman, said that his fellow officials “felt Main Street Alabama had the statewide presence and resources to facilitate support to small businesses throughout the state.”

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95

3 hours ago

Ivey urges Alabamians to complete Census — Billions in funding, congressional seat at stake

Governor Kay Ivey (R-AL) on Friday released a video public service announcement urging Yellowhammer State residents to complete the 2020 Census.

The deadline to complete the Census recently was moved up to September 30, meaning there is less than seven weeks left for Alabamians to either self-respond or respond to Census Bureau field staff.

Leaders from the public sector, as well as industry, economic development, charitable and civic organizations, have warned for months that Alabama has a lot on the line during the 2020 Census response period.

Projections have shown the state will lose a congressional district and corresponding electoral college vote — likely to a far-left state such as New York, California or Illinois — if Alabama’s response rate continues to lag.


“Complete your 2020 Census today,” Ivey said to begin the new PSA. “We only have until September 30.”

“Without you, Alabama stands to lose billions in funding, a seat in Congress and economic development opportunities,” she continued. “It only takes minutes to complete. Go to my2020census.gov or participate by phone or mail.”

The governor concluded, “Be counted — if not for you, for those in Alabama who depend on you for a brighter tomorrow.”


Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

4 hours ago

Report: Birmingham golf tournament Regions Tradition canceled for 2020

A report from WBRC in Birmingham on Friday says that the yearly golf tournament Regions Tradition has canceled the 2020 edition due to the coronavirus pandemic.

The event organizers say it will be back in early May of 2021.

WBRC says they were told by a “source close to the tournament” about the decision to cancel the 2020 version.

The tournament had previously been rescheduled from its normal late spring/early summer slot until September due to COVID-19 concerns.


Regions Tradition is a tournament on the PGA Tour Champions circuit, a series of competitions held each year for golfers over age 50.

According to Alabama NewsCenter, the annual Regions Tradition tournament has an economic impact on the Birmingham area between $20 million and $25 million every year.

The Tradition was first held in 1989 and is one of the five major golf tournaments on the Senior Circuit.

Regions took over as the event’s sponsor in 2010 and relocated the tournament to the Birmingham area beginning in 2011.

Steve Stricker won the tournament in 2019, a title he will now keep for two years.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95

4 hours ago

Jefferson County health officials say coronavirus pandemic precautions will continue into 2021

Two impactful figures in Jefferson County’s healthcare system advised on Friday that the coronavirus pandemic and resulting precautions such as mask-wearing will remain a major factor in public life at least through the end of 2020.

Jefferson County Health Officer Dr. Mark Wilson and CEO of the UAB Health System/Ascension St. Vincent’s Alliance Will Ferniany briefed reporters on coronavirus information during a Friday morning videoconference.

“This pandemic is not going away by the end of December,” warned Ferniany.

Wilson said it was “very likely” that he would push to keep a mask order in place across Jefferson County “through the flu season” which would indicate the ordinance would stay in place at least through the spring of 2021.


“We have pretty good evidence that our face-covering orders, and our help from the public wearing face coverings, has made a difference,” remarked Wilson.

“We still have a ways to go but we’re starting to bend the curve downward,” Wilson told reporters.

The remarks made by Wilson and Ferniany are similar to what Mobile County epidemiologist Dr. Rendi Murphree told Yellowhammer News in recent days.

Ferniany said that UAB is making a significant investment in rapid testing that should be ready for action by the end of the year, the availability of which should make dealing with the virus more manageable.

Wilson highlighted a standard he felt more people should understand.

The county health officer said that any person exposed to someone positive for COVID-19 should quarantine for 14 days, even if they go out and get a test showing they do not have the virus.

“Fourteen days is the maximum amount of time from being exposed to the virus where you could still develop symptoms,” Wilson said to explain the policy.

Ferniany said UAB Hospital is currently treating around 90 patients, down from a peak of 130. He relayed that 40 of the COVID-19 patients currently hospitalized are in the ICU.

RELATED: Alabama coronavirus update: Hospitalizations begin to decrease, new cases falling

The executive also said that the toughest aspect of caring for COVID-19 cases currently is the shortage of nurses. He said the hospitals he oversees are down “several hundred nurses” with the partial explanation that traveling nursing companies are luring workers away with higher wages.

Wilson reported additional good news for Jefferson County. He said that the area is not experiencing a higher rate of black citizens dying from COVID-19 than white citizens.

“So far we’re not seeing a racial disparity in terms of deaths in Jefferson County,” he relayed.

“Forty-one percent of our deaths in Jefferson County with COVID-19 are African American. The African American population is 43%,” Wilson stated.

Yellowhammer News asked Wilson what kind of benchmarks he would need to be passed to trigger a loosening of coronavirus precautions and whether that would be dependent on a vaccine.

“We’re not going to be out of the woods for quite a long time,” Wilson responded.

“The bottom line will be the amount of disease activity we have in the community, and the trajectory of that,” he continued.

With respect to the vaccine, Wilson replied, “It is really hard to predict what is going to happen with the vaccine: How effective is it going to be, how widespread we’re going to be able to vaccinate people and how soon. There are way too many unknowns for us to say much about that.”

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95