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Judge upholds injunction against key part of Alabama absentee voting law

Judge David Proctor reaffirmed his earlier ruling, maintaining that the law likely violates the Voting Rights Act.

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A federal judge on Friday declined Alabama’s request to stay a preliminary injunction that blocks part of the state’s new law limiting assistance for voters using absentee ballot applications. Chief U.S. District Judge David Proctor reaffirmed his earlier ruling, maintaining that the law likely violates the Voting Rights Act by restricting assistance to blind, disabled, and illiterate voters.

Proctor’s decision comes as Alabama prepares for the November elections. The state argued the law combats voter fraud by preventing paid individuals from assisting with absentee ballot applications, but Proctor found the provision unlawfully restricted voter assistance. The injunction prevents enforcement of the law’s ban on providing payments or gifts to those helping voters, ensuring that blind, disabled, and illiterate voters can receive aid from a person of their choosing, as guaranteed under the Voting Rights Act.

Senate Bill 1, originally passed earlier this year, has sparked controversy due to its criminalization of distributing prefilled absentee ballot applications or delivering another person’s completed application. The law also imposes felony charges for those receiving compensation for helping voters, a provision that advocacy groups argue disproportionately targets vulnerable communities.

The lawsuit, brought by the American Civil Liberties Union (ACLU) of Alabama, the Legal Defense Fund, the Alabama Disabilities Advocacy Program, and the Campaign Legal Center, asserts that the law imposes undue burdens on voters who rely on assistance. They argue that the state’s restrictions limit access to voting for populations that already face significant challenges.

Despite the state’s arguments that there are enough “unpaid assistors” available to help, Proctor reiterated that the Voting Rights Act ensures voters the right to assistance from individuals of their choice. He further noted that the injunction is narrowly tailored and does not prevent Alabama from prosecuting fraudulent activities related to absentee voting.

This ruling is part of a broader national trend, where several Republican-led states, including Alabama, have passed laws imposing new restrictions on voting assistance under the banner of preventing election fraud. However, these measures have faced widespread legal challenges for their potential impact on voter accessibility and civil rights.

The Alabama Political Reporter is a daily political news site devoted to Alabama politics. We provide accurate, reliable coverage of policy, elections and government.

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