Voter Suppression Law

Federal Court Blocks Part of Alabama Voter Suppression Law

Helping disabled voters get absentee ballots is not, in fact, a felony.

Julia Métraux

On Tuesday, US District Judge R. David Proctor ruled in an injunction that part of Alabama’s voter suppression law SB1—state legislation that made it a felony to assist disabled people in requesting and filling absentee ballots—was an unenforceable violation of the federal Voting Rights Act. The rest of SB1, which nominally targets the practice of “ballot harvesting,” will remain intact for the time being.

SB1, which was enacted in March, prohibited “any person from ordering, requesting, collecting, prefilling, obtaining, or delivering an absentee ballot application or absentee ballot of a voter.” The law also established criminal penalties for people who assisted others with absentee voting.

In April, the Alabama NAACP, the state chapter of the League of Women Voters , Greater Birmingham Ministries, and the Alabama Disabilities Advocacy Program sued Alabama Attorney General William Adair and other state government officials, asking for an injunction.

As their lawsuit points out, the US Code explicitly protects people’s rights to receive assistance while voting:

Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.

In his opinion, Proctor acknowledged that SB1 disproportionately affected disabled and low literacy voters: “SB 1 unduly burdens the rights of Section 208 voters to make a choice about who may assist them in obtaining and returning an absentee ballot,” the judge wrote.

In a statement released after Proctor’s decision, the plaintiffs celebrated the injunction as a positive step in upholding democracy.

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.