Alabama judge hears arguments in lawsuit filed by NAACP against state
BIRMINGHAM, Ala. (WIAT) — A hearing for a lawsuit filed by the NAACP against the state of Alabama was held Wednesday at the federal courthouse in Birmingham.
Civil rights organizations claim a new law outlawing absentee ballot harvesting is discriminatory. Chief U.S. District Court Judge R. David Proctor heard arguments from the state and other civil rights groups.
The law in question makes it a felony to distribute prefilled absentee ballots or submit someone else’s application. It also criminalizes giving or receiving gifts for helping someone fill out an absentee ballot.
“Election integrity is a top priority for me and my team, and we take it very seriously,” Alabama Secretary of State Wes Allen said.
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“It’s definitely a major violation of the Civil Rights Act,” Travis Jackson with Black Voters Matter said.
Proctor said the case is a tension between the state’s authority to ensure fair and free elections plus an individual’s right to vote.
Plaintiffs argue the law violates first and 14th amendment rights, limiting speech. They said helping others with their ballots is a form of speech, encouraging them to vote.
But the state argues the law does not limit speech.
“I think it went quite well,” Alabama Solicitor General Edmund LaCour said. “We submit additional briefings to the court in a week and a half, and we’ll await the court’s ruling.”
William Van Der Pol Jr. is a lawyer for the Alabama Disabilities Advocacy Program.
“This is all about voter choice and who they wish that would help or assist them if they need that help,” Van Der Pol said.
Allen could not directly comment on the pending case but said election integrity is a top priority.
“Do not break Alabama law — election law,” Allen said. “We will find you, and we will prosecute you to the fullest extent of the law. Election integrity is a top priority.”
After receiving briefings from both sides Aug. 9, Proctor will make a decision on whether to dismiss the case or move forward with a trial.
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