League of Women Voters of Alabama
FOR IMMEDIATE RELEASE:
August 6, 2020
CONTACT:
Barbara Caddell, President

The League of Women Voters of Alabama Responds
to the Dismissal of Vote Safe Lawsuit

#VoteSafeAL

Mobile, Alabama - On Wednesday, a Circuit Court Judge in Montgomery dismissed the League of Women Voters’ lawsuit which asked him to order Governor Ivey and Secretary of State Merrill to exercise their emergency powers to protect Alabama voters as recommended by the CDC during the COVID pandemic. League President Barbara Caddell issued the following statement in response:

“COVID 19 is a very real threat, not only to voters’ physical health but also to the health of Alabama’s electoral process.  We are profoundly disappointed by the judge’s decision, which allows elections to proceed in their current state.”

“The League of Women Voters is a non-partisan organization whose mission is to empower voters and defend democracy.  This case was filed to do just that. It was filed in the Alabama court system based on the Alabama Constitution and the Alabama Emergency Management Act which protect the right to vote in times of “tumult” and give the Governor and the Secretary of State emergency power to protect citizens during emergencies. This pandemic certainly qualifies as “tumult” requiring additional emergency assistance.”
 
“Since the Judge ruled that he did not have the authority to require the Governor and Secretary of State to use their emergency power, we are appealing to the Governor for help. In the past, Governor Ivey has demonstrated her concern for Alabamians in a variety of ways, and we encourage her to address our concerns for election safety by using her emergency power to order such common-sense voter protections as: 
 
  • Suspend the requirement that a copy of the voter’s photo ID be included with the voter’s application for an absentee ballot
  • Suspend the requirement that the absentee ballot be notarized or signed by two witnesses;
  •  Provide adequate personal protective equipment for clerks and poll workers and disinfecting polling equipment;
  • Require in-person voters to wear masks and maintain social distancing;
  • Authorize local election officials to provide early voting at least fourteen days before each election day;
  • Authorize local election officials to provide drive-through or curbside voting where practicable, to establish vote centers and relax restrictions on wrong-precinct voting;
  • Provide local election officials the financial resources to implement these emergency measures; and
  • Adequately notify all Alabama voters of these emergency measures.  This includes either notifying voters that no box need be checked to vote absentee or modifying the absentee application and ballot forms to inform voters explicitly which boxes to check.
The League of Women Voters does not want Alabamians to have to choose between exercising their right to vote and protecting their health and safety.  We encourage voters to contact Governor Ivey today and urge her to order these protections for electoral safety.
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About the League of Women Voters of Alabama
The League of Women Voters of Alabama is a nonpartisan organization encouraging informed and active participation in government, increased understanding of major public policy issues, and which seeks to influence public policy through education and advocacy.


Alabama Secretary of State Jim Merrill
August 5, 2020

Secretary of State Adds Additional Resources for Absentee Voting Applications to Website

Wednesday, August 5, 2020 – MONTGOMERY – During this critical time, Secretary of State John H. Merrill encourages those who are concerned about contracting or spreading the coronavirus to vote via absentee ballot for the upcoming elections.

Absentee ballot applications can be downloaded from the Secretary of State’s website AlabamaVotes.gov or requested by visiting or calling the local Absentee Election Manager’s office. Recently, the absentee ballot applications have been updated to include the return address for the Absentee Election Manager (AEM) based on the applicant’s county of residence. To download an absentee ballot application from the website, click on Absentee Voting then click on Absentee Ballot Application. The applicant is then directed to a list of contact information for each county’s AEM. Below each county’s information there is a fillable PDF of the absentee ballot application with the county AEM’s return address included.  Please note the applications must be printed and mailed to the AEM or can be hand-delivered by the voter to the AEM’s office.   

Voters who would like to vote absentee for the upcoming August 25th Municipal election can also find the municipal absentee ballot application on our website. There is a link to the directory of municipalities to obtain more information on where to send the municipal absentee ballot application.

In addition, the Secretary of State’s website includes a link to view COVID-19 Resources Related to Voting. The deadline to submit applications for the Absentee Ballot for the August 25th Municipal Election is Thursday, August 20, 2020. The deadline to submit applications for the Absentee Ballot for the November 3rd General Election is Thursday, October 29, 2020.

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Alabama Secretary of State Jim Merrill
June 19, 2020

Alabama Secretary of State Joins National Task Force on Voting by Mail

Friday, June 19, 2020 – MONTGOMERY – Today, the Public Interest Legal Foundation, in conjunction with various other election experts, formally announced the launch of the National Task Force on Voting by Mail.

Recognized nationally as a “respected expert in the field of election integrity,” Secretary of State John H. Merrill joins a group of national leaders to establish vote by mail standards that will protect the credibility and integrity of the electoral process. He is the only sitting Secretary of State to join the committee.

“As nationwide efforts are currently being made to change the way voters participate in the elections process, it is incumbent on election officials to set up protocols and safeguards to ensure that each and every eligible voter is able to participate in free and fair elections,” announced Secretary Merrill.

Other members of the Task Force include Public Interest Legal Foundation Board Members Cleta Mitchell of Foley & Lardner LLP, J. Christian Adams of the Election Law Center, Hans von Spakovsky of the Heritage Foundation and a former member of the Federal Election Commission, Dr. John Eastman of Chapman University, David Norcross, the Chairman of the RNC’s Standing Committee on Rules, and Bill Davis of Foley & Lardner LLP, Pete Hutchison of Landmark Legal Foundation, former Ohio Secretary of State Kenneth J. Blackwell, John Fund of the National Review, and many others.

The group will focus on protecting the opportunity for voters to cast a secret ballot, preventing fraud, intimidation, or manipulation when voting, and providing the ability for voters to cast their ballot in a way that does not compromise their safety, security, or well-being.

“Elections are the foundation of American democracy. I am honored to join my colleagues across the country as we move towards securing the individual state voting process nationwide,” stated Merrill.

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League of Women Voters of Alabama
FOR IMMEDIATE RELEASE:
June 17, 2020
CONTACT:
Barbara Caddell, President

League of Women Voters of Alabama Requests Court Order to Make Voting Safer All Year

LWVAL asks election officials to modify some election processes

#VoteSafeAL
 
Montgomery, Alabama - Today the League of Women Voters of Alabama (LWVAL) asked for a court order requiring Alabama Secretary of State John Merrill, Governor Kay Ivey, and county election officials to provide specific protections for voter health during this time of pandemic. The League’s motion for the court to order immediate action comes in the context of the lawsuit it filed three weeks ago, given the severity of the current health crisis and the time frame of Alabama elections. The League of Women Voters is a non-partisan organization that registers and educates voters and works to improve public policy.

The lawsuit asks election officials to make common-sense modifications to the voting process for all Alabama elections in 2020. These modifications track the recommendations made by the CDC to prevent the spread of COVID 19 during elections.  They include:
  • Permit effective “no excuse” absentee voting for all elections in 2020.
  • Amend the application for an absentee ballot to advise voters that they may lawfully obtain one if they are concerned about COVID 19.
  • Suspend the requirement that a copy of the voter’s photo ID be included with the voter’s application for an absentee ballot.
  • Suspend the statutory time deadlines for absentee voting so that a voter can apply for an absentee ballot up to the day of election and have that ballot counted if it is delivered or postmarked by election day.
  • Allow canvassing boards to begin counting absentee ballots before election day.
  • Provide adequate personal protective equipment for clerks and poll workers as well as disinfection for polling equipment.
  • Provide in-person voters with masks and disposable pens.
  • Implement social distancing procedures and authorize early voting at least 14 days before election day.
  • Authorize drive-up voting.
  • Authorize local election officials to establish vote centers and relax restrictions on wrong- precinct voting.
  • Provide local election officials the financial resources to implement these emergency measures.
The LWVAL believes these measures are essential and that Alabama’s Constitution requires its courts to 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 in close proximity at polling places to vote in person. The lawsuit also asks the court to require that clear safety plans be made sufficiently in advance of elections 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.

Barbara Caddell, President of the League of Women Voters of Alabama, said: “No one should have to choose between exercising their right to vote and protecting their health and that of their families.  Our public officials should use the emergency powers they already have to make Alabama’s 2020 elections safe for all Alabamians.  If they won’t, we call on the courts to order them to do so.”

“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 motion.

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League of Women Voters of Alabama
FOR IMMEDIATE RELEASE:
May 28, 2020
CONTACT:
Barbara Caddell, President

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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Alabama Democratic Party
Tuesday, March 17th, 2020

Facts Supporting Alabama Democrats’ Call for Civic Resilience

We proposed common sense reforms to make our civic institutions more resilient. COVID-19 may be the current disruption of our elections, but no one should be so naive as to think it will be the last disruption we will face. Alabama must offer in-person early voting in every county across the state, offer no-excuse absentee voting and vote-by-mail, and immediately convene a bipartisan working group to explore how to make our elections more resilient.

These are incremental changes with nationwide track records of success. Alabama, the cradle of voting rights, should adapt and create a responsive voting system that allows working families, students, and voters with limited mobility the best chance at full participation.

1. In-person early voting.
The overwhelming majority of states allow some form of in-person early voting, including Arkansas, Florida, Georgia, Louisiana, North Carolina, Oklahoma, Tennessee, Texas, and West Virginia. All of our neighboring states allows early voting but Mississippi.

There is already a proposal in the Alabama Legislature to enact early voting. H.B. 30 is sponsored by Rep. Thomas Jackson (D-Thomasville) and Rep. Kirk Hatcher (D-Montgomery) would require at least one early voting location in each county to be open for a two-week period before election day so a qualified Alabama voter could cast a ballot.

2. No-excuse absentee voting, including vote by mail.
Currently, Alabama law limits the reasons a voter may cast an absentee ballot to five specific reasons. Secretary Merrill has used his emergency powers to override Alabama Code section 17-11-3(a)(1) through (5), which shows those limitations have outlived their usefulness.

There is already a proposal in the Legislature to fix this problem. H.B. 251, sponsored by Rep. Laura Hall (D-Huntsville), would make no-excuse absentee voting the law, and not just a one-time exception. This needs to be fully open and legal, not subject to the whims of elections officials.
In two-thirds of the states, voters have the option of voting no-excuse absentee.

Four states conduct their elections entirely by mail. Oregon has had two decades of experience voting by mail. Washington, Colorado, and Hawaii all have gone to vote-by-mail elections within the last decade.

A study by the Pew Charitable Trusts determined vote-by-mail in Colorado reduced election administration costs by 40% in counties with available data. Vote by mail also increases voter participation, especially among those with mobility issues.

3. Bipartisan working group.
This group should be convened immediately in a way that complies with CDC and ADPH guidance for COVID-19 prevention, including teleworking. It should explore drive-up voting, mail-out ballots with drive-up return, and other sensible solutions to minimize the likelihood that voters, elections officials, or poll workers could contract a deadly disease because they exercised their most fundamental right.

Probate judges, lawyers, and elections officials will benefit from strategic foresight from other disciplines. We recommend including the following:

  • disability advocates,
  • public health experts and epidemiologists,
  • advocates for seniors who understand the limitations of our aging population,
  • experts from the US Air Force Center for Strategic Deterrence Studies at Maxwell AFB who focus on countering asymmetric warfare, and
  • experts from the US Army Logistics Data Analysis Center at Redstone Arsenal, which focuses on providing strategic insights to guide major logistics decisions for the Army.
We need a serious, non-ideological examination of how to ensure Alabama’s elections are secure and accessible to all Alabama voters in November 2020 and for years to come.

This working group should report back with actionable steps within 30 days so we can implement their recommendations before November.

We must protect the health and safety of voters, elections officials, and poll workers during the COVID-19 pandemic. And now is the time to protect the fundamental rights of full electoral participation for every Alabama voter and ensure our civic institutions are resilient against modern threats. Every qualified voter should be able to cast a ballot in this election.

It doesn’t matter whether they’re Democrats or Republicans, it only matters that they’re Alabama voters.


It’s past time to pass these reforms. Voting should be easy.

Alabama Secretary of State
https://www.sos.alabama.gov/alabama-votes/voter/absentee-voting [June 23, 2020]

Absentee Voting Eligibility

A voter may cast an absentee ballot if he or she
  • EXPECTS TO BE ABSENT FROM THE COUNTY on election day
  • IS ILL OR HAS A PHYSICAL DISABILITY that prevents a trip to the polling place
  • IS A REGISTERED ALABAMA VOTER LIVING OUTSIDE THE COUNTY, such as a member of the armed forces, a voter employed outside the United States, a college student, or a spouse or child of such a person
  • IS AN APPOINTED ELECTION OFFICER OR POLL WATCHER at a polling place other than his or her regular polling place
  • EXPECTS TO WORK A REQUIRED SHIFT, 10-HOURS OR MORE, that coincides with polling hours
  • IS A CAREGIVER for a family member to the second degree of kinship by affinity or consanguinity and the family member is confined to his or her home
  • IS CURRENTLY INCARCERATED in prison or jail and has not been convicted of a felony involving moral turpitude
The deadline to submit an absentee ballot application is the 5th day prior to the election.
EMERGENCY ABSENTEE VOTING applications can be made after the absentee deadline but no later than 5 PM on the day before the election, if the voter:
  • is required by an employer under unforeseen circumstances to be unavailable at the polls on the day of the election
  • is a caregiver of a person who requires emergency treatment by licensed physician within five days before an election
  • has a family member to the second degree of kinship by affinity or consanguinity die within five days before an election
MEDICAL EMERGENCY ABSENTEE VOTING applications can be made by a voter who has a medical emergency requiring treatment from a licensed physician within 5 days of an election.  During that 5 day period, the medical emergency absentee ballot application and the voted absentee ballot must be returned no later than noon on the day the election is held. The medical emergency absentee ballot application requires that the attending physician describe and certify the circumstances as constituting an emergency.  The voter may designate someone to turn in the medical emergency absentee ballot application, receive the absentee ballot on behalf of the voter, and return the voted absentee ballot to the Absentee Election Manager on behalf of the voter.