Federal Judge Weighs in on Alabama’s New Absentee Voting Law

In Birmingham, a federal judge is deliberating on a legal challenge against a new Alabama state law that imposes stricter restrictions on assisting voters with absentee ballots.

Chief U.S. District Judge David Proctor spent significant time today hearing arguments for and against allowing the appeal of the law to proceed. Attorneys have until August 9 to present further arguments before Judge Proctor makes a decision.

“I’m trying to be cagey so no one knows exactly what I’m thinking,” Judge Proctor remarked, wrapping up the session by suggesting the attendees enjoy some local barbecue.

For over three hours, the courtroom was filled with intense debate. Attorneys discussed various scenarios under the new law, such as whether it bans a neighbor from helping another fill out an absentee ballot or prohibits organizations like the NAACP from compensating staff who assist voters.

A central issue in the discussion was whether assisting someone with an absentee ballot constitutes free speech protected by the First Amendment.

The law, enacted by Governor Kay Ivey in March, criminalizes distributing prefilled absentee ballot applications and submitting an absentee ballot application on behalf of another voter, except in cases of medical emergencies. It also makes it a felony to pay someone for helping a voter with the absentee ballot process.

The Alabama State Conference of the NAACP, the League of Women Voters of Alabama Education Fund, Greater Birmingham Ministries, and the Alabama Disabilities Advocacy Program are challenging the law. The U.S. Department of Justice has also criticized the restrictions.

Alabama Attorney General Steve Marshall and state officials are pushing to dismiss the appeal and implement the new law.

Republican leaders argue the law is necessary to prevent "ballot harvesting," where absentee ballots are collected by a third party, which they claim increases the risk of voter fraud.

Opponents of the law argue it criminalizes the efforts of advocacy groups, churches, and volunteers who assist elderly and homebound voters with absentee voting.

The NAACP and other organizations contend that the legislation unjustly restricts and criminalizes the assistance provided to voters completing absentee ballot applications.

In court documents, the organizations argued that the state legislature created “a vague and sweeping statute that turns civic and neighborly voter engagement into a serious crime.”

“SB 1 criminalizes constitutionally protected speech and expressive conduct and disenfranchises disabled voters, senior citizen voters, voters of color, eligible incarcerated voters, and many other Alabamians who depend on assistance to vote,” the lawyers wrote.

The state defended the law, stating that the organizations’ arguments do not directly address the new legislation.

“Although Alabama is not required to wait until widespread fraud occurs before it acts, fraud arising from absentee balloting and ballot harvesting has occurred in Alabama and elsewhere— and not just with the ballots, but with the applications too,” the state wrote, referencing cases from the 1990s and recent local elections.

Advocacy groups argue the law excessively suppresses voter education and assistance activities.

“There’s a lot of concern around criminalization from this bill,” said Zephyr Scalzetti, digital organizer for Alabama Values Progress. “It has been hard to get a straightforward answer about what this bill does and does not prohibit. There’s just been a general atmosphere of fear.”

Groups encouraged their supporters to attend today’s hearing to show public interest.

“It’s very important that democracy is active participation,” Scalzetti emphasized. “It’s important for people to see that there are so many nuances and ways that this can go.”

Around 70 people attended the hearing at the Hugo L. Black U.S. Courthouse.

“The grassroots community did a great job in letting people know what was happening and keeping them aware of the lawsuit. This information has spread not only in Birmingham but across the state,” said Keith Williams, co-founder of the Voters Legal Justice Watch Group. “We were very engaging in a nonpartisan way, and that resonates with people. The way to seek common ground is to take politics out of the equation.”

Jefferson County Commissioner Sheila Tyson, present at the hearing, expressed concerns about the law's impact on elderly voters.

“It will impact our vulnerable population,” Tyson told Cotton State Chronicle. “We must protect their rights, not punish them for exercising their right to vote.”