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FOR IMMEDIATE RELEASE
May 28, 2020
www.lwval.org

CONTACT:
Barbara Caddell, President
League of Women Voters of AL
barbara.caddell@gmail.com
251.610.2279

League of Women Voters of Alabama Sues Election Officials to Protect Voting Rights During COVID-19 Crisis

LWVAL sues the Governor, Secretary of State and county election officials

Montgomery, Alabama - Today the League of Women Voters of Alabama (LWVAL) filed a lawsuit in State Court against Secretary of State John Merrill, Governor Kay Ivey, and Montgomery County election officials to protect the rights of Alabama voters to safely cast their ballots during the pandemic. The League of Women Voters is a non-partisan organization that registers and educates voters and works to improve public policy.

The suit, filed in the Circuit Court for Montgomery County, Alabama, seeks to prevent Alabama voters from being forced to choose between exercising their right to vote and protecting themselves and their families from the deadly coronavirus. It does not ask the state court to make permanent changes in Alabama’s election laws.  It asks only that State election officials be ordered to exercise their emergency powers to authorize local election officials to relax restrictions on both absentee ballots and in-person voting during the pandemic. The LWVAL is joined by individual Alabama voters — including election workers — in its lawsuit.

Voting is a right, not a privilege, and elections must be safe, accessible, and fairly administered. Alabama’s Constitution specifically requires that the right to vote be protected in times of “tumult,” clearly including the current pandemic. Alabama law requires voters to certify under penalty of perjury that they fall into a category, like being absent from their home county on election day, to obtain an absentee ballot. Concerns about Covid do not qualify. The Secretary of State has already used his emergency powers to alter the rules for the July 14 primary runoff and permit voters who are concerned about the risk of Covid to obtain an absentee ballot on that basis, but only for the runoff. In order to protect Alabamians’ right to vote, the lawsuit asks Alabama’s courts to extend no-excuse absentee voting into the fall and remove unnecessary restrictions on absentee voting as well as better protecting those who choose to vote in-person.

The LWVAL believes these measures are essential and that Alabama courts should protect Alabamians during both municipal elections and the Presidential election in November, while the threat from the Coronavirus remains high. Absentee voting must be expanded with safeguards tailored to these tumultuous times in order to reduce the number of people who line up at polling places to vote in person. The lawsuit also asks the court to require that clear safety plans be made to protect in-person voting, following the guidance provided by the Centers for Disease Control. Early, in-person voting and curbside voting will protect both election workers and voters by making social distancing possible for in-person voting.

This emergency situation continues to evolve and develop. Our elected officials must take steps to protect our elections in light of this and the League is committed to seeking relief in Court to protect all Alabamians.

Barbara Caddell, President of the League of Women Voters of Alabama, said: “One hundred years ago the nonpartisan League of Women Voters was founded to protect and preserve the right to vote and the integrity of the electoral process.  The unexpected risks posed by the novel coronavirus SARS-CoV-2 (COVID19) challenge our election system to the utmost.  Today, we ask that Alabama’s courts use Alabama’s laws to make it safe and possible for all citizens to vote.”

The League of Women Voters is represented by James U. Blacksher and Augusta S. Dowd.

Read the full complaint here.


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The League of Women Voters of Alabama, a nonpartisan political organization, does not support or oppose political parties or candidates. The League of Women Voters of Alabama encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. For additional information on current programs, please visit our website at www.lwval.org.  

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