CONTRIBUTED TO THE OBSERVER
ALABAMA — A coalition of civil rights, voting rights and disability rights organizations filed a lawsuit challenging Alabama’s Senate Bill 1 (SB1), which was signed by Gov. Kay Ivey on March 20. The law, set to take effect on Oct. 1 ahead of the November general elections, imposes severe restrictions on nonpartisan civic engagement efforts, criminalizing most forms of assistance in applying for absentee ballots.
The Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama and the Alabama Disabilities Advocacy Program, represented by Campaign Legal Center, Legal Defense Fund, Southern Poverty Law Center, the American Civil Liberties Union of Alabama and Alabama Disabilities Advocacy Program, are the plaintiffs in this lawsuit. They are suing Secretary of State Wes Allen, Attorney General Steve Marshall and the state’s 42 district attorneys, aiming to block the enforcement of SB 1.
The lawsuit challenges SB1 as violating the First and Fourteenth Amendments of the United States Constitution, the Voting Rights Act and the Help America Vote Act of 2002.
Bernard Simelton, president of the Alabama NAACP, a lead plaintiff in the case, said he is frustrated by the state’s contradictory actions.
“The State of Alabama is engaging in double talk, claiming to make voting easier while erecting barriers for our most vulnerable communities,” Simelton said. “We saw a record number of absentee ballots cast during the 2020 election when barriers were removed. People will vote absentee if we eliminate obstacles.”
The 2013 Shelby v. Holder Supreme Court decision weakened key provisions of the Voting Rights Act, emboldening states to enact laws that restrict access to the ballot, disproportionately impacting marginalized communities, according to a press release from Alabama Values.
“Our past has always informed our present in the fight for voting rights,” said Rhayne Wagner, sen-ior policy manager at Black Voters Matter Fund. “Black people have always had to have our voting rights legislated in court. Today is no different. We will fight back against these coordinated attacks on our voting rights.
“SB 1’s cruel restrictions aim to harm eligible voters in disenfranchised communities through voter intimidation tactics,” said Rodreshia Russaw, executive director of The Ordinary People Society (TOPS). “This lawsuit is a shameful waste of tax dollars and wreaks havoc on the upcoming elections.”
The severity of the penalties prescribed by SB 1 is a point of contention, with critics arguing that the bill assigns disproportionate consequences for actions related to assisting voters with absentee ballots, raising concerns about the potential negative effect on civic engagement and the accessibility of the voting process criticized the severity of the law’s penalties, “SB 1 equates assisting someone with their absentee ballot application with offenses like manslaughter and statutory rape by making it a Class B felony,” said Alison Mollman, legal director at the ACLU of Alabama. “This law is unconstitutional, and we stand with our clients to protect their constitutional rights.”
“Alabama Forward and its member organizations are dedicated to ensuring that Alabamians have adequate access to the ballot,” said Deanna Fowler, interim director. “While this fight continues in the court, we will continue our collective efforts to empower every Alabamian to engage in the democratic process.”
Alabama Values encourages citizens to stay connected and informed around important election deadlines, which can be located on the Secretary of State’s Alabama Votes website: www.sos.alabama.gov/alabama-votes. To report any issues at the polls on election day, call (866) OUR-VOTE, a hot line administered by the Lawyers’ Committee for Civil Rights Under Law.
ABOUT ALABAMA VALUES
Alabama Values is a nonprofit, nonpartisan grassroots communications and messaging hub working to foster civic awareness, break down barriers and build community power in Alabama and across the South.
Editor’s Note: The Observer received a press release from the Secretary of State’s office which said Allen stands by his previous statements supporting SB1 and its role in protecting the absentee elections process in Alabama: “I am dedicated to ensuring fair, secure, and transparent elections. SB1 provides Alabama voters with strong protection against activists who profit from the absentee elections process. I stand firm in my support of SB1 because now, under Alabama law, Alabama votes are not for sale.”