Case: Alabama State Conference of the NAACP v. Marshall

2:24-cv-00420 | U.S. District Court for the Northern District of Alabama

Filed Date: April 4, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging Alabama voting laws.  This lawsuit was filed on April 4, 2024, on behalf of five Alabama civil rights organizations against the Alabama Attorney General, the Alabama Secretary of State, and 42 district attorneys for several counties challenging several provisions of Senate Bill 1 (SB1), a law that makes it illegal for individuals and organizations to assist voters in submitting their absentee ballots. The civil rights organizations brought suit against the Attorney Ge…

This is a case challenging Alabama voting laws. 

This lawsuit was filed on April 4, 2024, on behalf of five Alabama civil rights organizations against the Alabama Attorney General, the Alabama Secretary of State, and 42 district attorneys for several counties challenging several provisions of Senate Bill 1 (SB1), a law that makes it illegal for individuals and organizations to assist voters in submitting their absentee ballots.

The civil rights organizations brought suit against the Attorney General, the Secretary of State, and the district attorneys in the Northern District of Alabama under Section 208 of the Voting Rights Act (VRA) and the Help America Vote Act (HAVA). The organizations sought a declaration that SB1 was unconstitutional under the First Amendment, Fourteenth Amendments, the VRA, and the HAVA. The organizations also sought a preliminary and permanent injunction from enforcement of SB1. The case was assigned to District Judge R. David Proctor. 

In particular, plaintiffs asserted that three SB1 restrictions are unconstitutional and especially detrimental to Black voters: (1) the pre-filing restriction, (2) the submission restriction, and (3) the payment and gift restriction. The pre-filing restriction prohibits the distribution of any absentee ballot applications that
have any information already filled in. The submission restriction makes it unlawful for an individual to submit a completed absentee ballot application to the absentee election manager other than his or her own application, unless that person is seeking emergency medical treatment within five days before an election. The payment and gift restriction restrict the distribution of absentee ballot applications by any paid employee of a civic organization and prohibit anyone from receiving anything of value, in the form of a payment or gift, for having assisted a voter in completing his or her absentee ballot application. 

On April 16, 2024, Judge Proctor granted a pro tanto joint motion to dismiss the 42 district attorney defendants in order to streamline the litigation without prejudice. 

On May 20, 2024, Defendants Alabama Attorney General and Secretary of State filed a motion to dismiss with the court. Judge Proctor granted the motion in part by dismissing the Secretary of State and denied the motion in part by refusing to dismiss the Attorney General. Judge Proctor determined that plaintiffs did not have standing to bring suit against the secretary of state because plaintiff's injuries cannot be traced back to the secretary and a favorable decision against the secretary is unlikely to redress those injuries.

In the same order, Judge Proctor granted dismissal for alleged violation of the First and Fourteenth Amendments and HAVA. The court found that plaintiffs also failed to state a claim on the pre-filing restriction being preempted by § 208 of the VRA. The court also found, however, that the submission and payment and gift restrictions may preempted by § 208 and therefore denied the motion to dismiss on those two claims. 

On September 24, 2024, the court ruled on the preliminary injunction, granting and denying it in part. Judge Proctor granted the preliminary injunction as to the submission and payment and gift restrictions only for § 208 blind, disabled, or illiterate voters. The preliminary injunction was denied in all other respects. 

Defendant Attorney General filed a motion to stay the injunction on September 24, 2024. Judge Proctor denied the motion to stay, finding that the injunction was very narrow in only applying to disabled, blind, and illiterate absentee voters on October 4, 2024. 

The Attorney General appealed the denial of the stay. On October 15, 2024, the Eleventh Circuit Court of Appeals affirmed the denial of the stay in a per curiam opinion (Docket No. 24-13111). The court also granted a motion to leave for Arkansas, Florida, Louisiana, and Texas to file amicus curiae briefs in support of the stay. 

This case is ongoing. 

Summary Authors

Herman Gonzalez (12/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68460608/parties/alabama-state-conference-of-the-naacp-v-marshall/


Judge(s)
Attorney for Plaintiff

Badat, Mohammed Amir (Alabama)

Boettcher, Ellen (Alabama)

Burgess, Tiffani (Alabama)

Canada, Larry Gene (Alabama)

Danahy, Molly E. (Alabama)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

2:24-cv-00420

Complaint for Declaratory and Injunctive Relief

April 4, 2024

April 4, 2024

Complaint
69

2:24-cv-00420

Memorandum Opinion and Order

Aug. 21, 2024

Aug. 21, 2024

Order/Opinion
76

2:24-cv-00420

Memorandum Opinion and Order Enjoining in Limited Part Enforcement of Alabama Senate Bill 1 (2024)

Sept. 24, 2024

Sept. 24, 2024

Order/Opinion
84

2:24-cv-00420

Order

Oct. 4, 2024

Oct. 4, 2024

Order/Opinion
85

2:24-cv-00420

Order of the Court, Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:24-cv-00420-RDP

Alabama State Conference of the NAACP, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund, Greater Birmingham Ministries, Alabama Disabilities Advocacy Program v. Attorney General, State of Alabama

U.S. Court of Appeals for the Eleventh Circuit

Oct. 15, 2024

Oct. 15, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68460608/alabama-state-conference-of-the-naacp-v-marshall/

Last updated March 9, 2025, 10:38 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against William R Adair, T Kirke Adams, Wes Allen, R Scott Anderson, Daryl D Bailey, Jeffrey Wade Barksdale, Stephen M Billy, Keith Blackwood, Jennifer Bray, Robert L Broussard, Danny Carr, Matthew Casey, Pamela L Casey, Rick Chancey, Christopher E Connolly, Robert Champ Crocker, Joseph D Ficquette, Steven D Giddens, Russ Goodman, Gregory S Griggers, Andrew C Hamlin, Carol Lynn Hammond, Lyle Harmon, Hal Hughston, Errek P Jett, Brian CT Jones, Steve Marshall, Walter M Merrell, III, Jason R Pierce, Ben C Reeves, Jr, C J Robinson, Mike Segrest, Scott A Slatton, Summer McWhorter Summerford, James H Tarbox, Charlotte M Tesmer, Robert Turner, Jessica Ventiere, Lynniece Olive Washington, Todd Watson, Robert Hays Webb, Joseph Willoughby, Stephen K Winters, filed by Alabama State Conference of the NAACP, League of Women Voters of Alabama Education Fund, Alabama Disabilities Advocacy Program, League of Women Voters of Alabama, Greater Birmingham Ministries.(KAM) (Entered: 04/04/2024)

April 4, 2024

April 4, 2024

Clearinghouse
2

NOTICE of Corporate Disclosure Statement by Alabama Disabilities Advocacy Program. (Mollman, Alison) (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
3

NOTICE of Corporate Disclosure Statement by Alabama State Conference of the NAACP. (Mollman, Alison) (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
4

NOTICE of Corporate Disclosure Statement by League of Women Voters of Alabama. (Mollman, Alison) (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
5

NOTICE of Corporate Disclosure Statement by League of Women Voters of Alabama Education Fund. (Mollman, Alison) (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
6

NOTICE of Corporate Disclosure Statement by Greater Birmingham Ministries. (Mollman, Alison) (Entered: 04/09/2024)

April 9, 2024

April 9, 2024

PACER
7

NOTICE of Appearance by William Van Der Pol, Jr on behalf of All Plaintiffs (Van Der Pol, William) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER
8

NOTICE of Appearance by Larry Gene Canada on behalf of All Plaintiffs (Canada, Larry) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

PACER

Filing Fee: Filing fee $ 405, receipt_number AALNDC-4568965. related document 1 COMPLAINT against William R Adair, T Kirke Adams, Wes Allen, R Scott Anderson, Daryl D Bailey, Jeffrey Wade Barksdale, Stephen M Billy, Keith Blackwood, Jennifer Bray, Robert L Broussard, Danny Carr, Matthew Casey, Pamela L Casey, Rick Chancey, Christopher E Connolly, Robert Champ Crocker, Joseph D Ficquette, Steven D Giddens, Russ Goodman, Gregory S Griggers, Andrew C Hamlin, Carol Lynn Hammond, Lyle Harmon, Hal Hughston, Errek P Jett, Brian CT Jones, Steve Marshall, Walter M Merrell, III, Jason R Pierce, Ben C Reeves, Jr, C J Robinson, Mike Segrest, Scott A Slatton, Summer McWhorter Summerford, James H Tarbox, Charlotte M Tesmer, Robert Turner, Jessica Ventiere, Lynniece Olive Washington, Todd Watson, Robert Hays Webb, Joseph Willoughby, Stephen K Winters, filed by Alabama State Conference of the NAACP, League of Women Voters of Alabama Education Fund, Alabama Disabilities Advocacy Program, League of Women Voters of Alabama, Greater Birmingham Ministries.(KAM). (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

Filing Fee - Pay.gov

April 12, 2024

April 12, 2024

PACER
9

NOTICE of Appearance by Laurel Ann Hattix on behalf of All Plaintiffs (Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
10

MOTION for Leave to Appear Pro Hac Vice Ahmed Soussi by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Declaration)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
11

MOTION for Leave to Appear Pro Hac Vice Bradley Heard by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Declaration)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
12

MOTION for Leave to Appear Pro Hac Vice Jess Unger by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Declaration)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
13

MOTION for Leave to Appear Pro Hac Vice Sabrina Khan by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Declaration)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
14

MOTION for Leave to Appear Pro Hac Vice Amir Badat by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
15

MOTION for Leave to Appear Pro Hac Vice Anuja Thatte by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
16

MOTION for Leave to Appear Pro Hac Vice Tiffani Burgess by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
17

MOTION for Leave to Appear Pro Hac Vice Uruj Sheikh by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
18

MOTION for Leave to Appear Pro Hac Vice Ellen Boettcher by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Certificate of Good Standing)(Hattix, Laurel) (Entered: 04/12/2024)

1 Supplement Certificate of Good Standing

View on RECAP

April 12, 2024

April 12, 2024

RECAP
19

MOTION for Leave to Appear Pro Hac Vice Molly E. Danahy by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Certificate of Good Standing)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
20

MOTION for Leave to Appear Pro Hac Vice Alice Huling by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Certificate of Good Standing)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
21

MOTION for Leave to Appear Pro Hac Vice Danielle M. Lang by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Certificate of Good Standing)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
22

MOTION for Leave to Appear Pro Hac Vice Valencia V. Richardson by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Certificate of Good Standing)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
23

MOTION for Leave to Appear Pro Hac Vice Reginald Thedford Jr. by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Supplement Certificate of Good Standing)(Hattix, Laurel) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER

Filing Fee Received

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569333. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569337. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569341. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569343. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569345. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569346. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569348. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569349. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569350. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569351. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569352. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569355. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569356. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4569357. (Hattix, Laurel)

April 12, 2024

April 12, 2024

PACER

PHV Fee Paid

April 12, 2024

April 12, 2024

PACER

Filing fee: $ 405.00, receipt number ALND B-11012 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11028 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11029 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11030 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11031 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11032 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11033 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-10034 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-10035 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11036 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-10037 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11038 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11039 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11040 (CLD)

April 12, 2024

April 12, 2024

PACER

PHV Fee paid: $100, receipt number ALND B-11041 (CLD)

April 12, 2024

April 12, 2024

PACER
24

TEXT ORDER Before the court are a number of Motions for Admission Pro Hac Vice seeking the pro hac vice admission of attorneys Ahmed Soussi 10, Bradley E. Heard 11, Jess Unger 12, Sabrina Khan 13, Amir Badat 14, Anuja D. Thatte 15, Tiffani Burgess 16, Uruj Sheikh 17, Ellen Boettcher 18, Molly E. Danahy 19, Alice Huling 20, Danielle M. Lang 21, Valencia V. Richardson 22, and Reginald Thedford Jr. 23 to represent a number of Plaintiffs listed in the Motions. The Motions [10-23] are GRANTED. Signed by Judge R David Proctor on 04/12/2024. (CLD) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
25

Joint MOTION to Dismiss the District Attorney Defendants by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Text of Proposed Order Proposed Consent Order)(Mollman, Alison) (Entered: 04/15/2024)

April 15, 2024

April 15, 2024

PACER
26

NOTICE of Appearance by James W Davis on behalf of All Defendants (Davis, James) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
27

ACKNOWLEDGEMENT OF SERVICE Executed April 15, 2024 Acknowledgement filed by William R Adair, T Kirke Adams, Wes Allen, R Scott Anderson, Daryl D Bailey, Jeffrey Wade Barksdale, Stephen M Billy, Keith Blackwood, Jennifer Bray, Robert L Broussard, Danny Carr, Matthew Casey, Pamela L Casey, Rick Chancey, Christopher E Connolly, Robert Champ Crocker, Joseph D Ficquette, Steven D Giddens, Russ Goodman, Gregory S Griggers, Andrew C Hamlin, Carol Lynn Hammond, Lyle Harmon, Hal Hughston, Errek P Jett, Brian CT Jones, Steve Marshall, Walter M Merrell, III, Jason R Pierce, Ben C Reeves, Jr, C J Robinson, Mike Segrest, Scott A Slatton, Summer McWhorter Summerford, James H Tarbox, Charlotte M Tesmer, Robert Turner, Jessica Ventiere, Lynniece Olive Washington, Todd Watson, Robert Hays Webb, Joseph Willoughby, Stephen K Winters. (Davis, James) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
28

NOTICE of Appearance by Brenton Merrill Smith on behalf of All Defendants (Smith, Brenton) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
29

NOTICE of Appearance by Charles A. McKay on behalf of All Defendants (McKay, Charles) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
30

PRO TANTO DISMISSAL ORDER: This matter is before the court on the Parties' Joint Motion to Dismiss the District Attorney Defendants (the "Joint Motion to Dismiss"). (Doc. # 25 ). The Joint Motion to Dismiss (Doc. # 25 ) is GRANTED. It is ORDERED that the District Attorney Defendants listed on doc. 25 are DISMISSED WITHOUT PREJUDICE from this action. The Clerk of the Court is DIRECTED to TERMINATE the District Attorney Defendants as parties to this action. Signed by Judge R David Proctor on 04/16/2024. (CLD) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

PACER
31

INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 04/16/2024. (CLD) (Entered: 04/16/2024)

April 16, 2024

April 16, 2024

RECAP
32

Joint MOTION for Extension of Time to File Documents, Joint MOTION for Leave to File Excess Pages, Joint MOTION to Stay re 31 Uniform Initial Order (Joint Motion to Modify Deadlines & Page Limitations) by Wes Allen, Steve Marshall. (Smith, Brenton) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
33

ORDER: This matter is before the court on the parties' Joint Motion to Modify Deadlines and Page Limitations. (Doc. # 32 ). the parties' Joint Motion (Doc. # 32 ) is GRANTED. (1)Defendants' response to Plaintiffs' Complaint (Doc. # 1 ) SHALL be filed on or before Monday, May 20, 2024. (2) The page limitations for upcoming motions and briefing SHALL be as follows:a. Initial Briefs in support and Responsive Briefs in opposition are not to exceed fifty (50) pages.b. Reply Briefs, if any, are not to exceed twenty-five (25) pages. (3) The parties' Rule 26(f) deadline scheduled for May 16, 2024 is STAYED pending resolution of the anticipated motions. Signed by Judge R David Proctor on 05/02/2024. (CLD) (Entered: 05/03/2024)

May 3, 2024

May 3, 2024

RECAP
34

MOTION for Preliminary Injunction by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Brief in Support of Motion, # 2 Declaration of Lauren Bishop, # 3 Declaration of Scott Douglas, # 4 Declaration of Benard Simelton, # 5 Declaration of Kathy Jones, # 6 Declaration of Nancy Anderson, # 7 Declaration of Nicole Watkins)(Hattix, Laurel) (Entered: 05/03/2024)

1 Brief in Support of Motion

View on PACER

2 Declaration of Lauren Bishop

View on RECAP

3 Declaration of Scott Douglas

View on RECAP

4 Declaration of Benard Simelton

View on RECAP

5 Declaration of Kathy Jones

View on PACER

6 Declaration of Nancy Anderson

View on PACER

7 Declaration of Nicole Watkins

View on PACER

May 3, 2024

May 3, 2024

PACER
35

Joint MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Preliminary Injunction (Joint Motion for Extension of Time to File Response & Reply Briefs Regarding Plaintiffs' Motion for Preliminary Injunction (Doc. 34)) by Wes Allen, Steve Marshall. (Smith, Brenton) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
36

TEXT ORDER - This matter is before the court on the Parties' Joint Motion for Extension of Time 35 . The Motion 35 is GRANTED. Defendants' response to Plaintiffs' Motion for Preliminary Injunction 34 SHALL be filed on or before May 20, 2024. Plaintiffs' reply, if any, SHALL be filed on or before May 30, 2024. Signed by Judge R David Proctor on 05/07/2024. (CLD) (Entered: 05/07/2024)

May 7, 2024

May 7, 2024

PACER
37

MOTION for Leave to File Supplemental Expert Declaration in Support of Plaintiffs' May 3, 2024 Motion for Preliminary Injunction (Doc. 34) by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER
38

RESPONSE in Opposition re 37 MOTION for Leave to File Supplemental Expert Declaration in Support of Plaintiffs' May 3, 2024 Motion for Preliminary Injunction (Doc. 34) filed by Wes Allen, Steve Marshall. (Davis, James) (Entered: 05/17/2024)

May 17, 2024

May 17, 2024

PACER
39

TEXT ORDER - This matter is before the court on Plaintiffs' Opposed Motion for Leave to Supplement Preliminary Injunction Motion 37 . The Motion 37 is GRANTED. On or before May 24, 2024, Plaintiffs SHALL supplement their Motion for Preliminary Injunction 34 with the expert declaration. Further, the briefing deadlines set in the court's May 7, 2024 Order 36 are MODIFIED as follows: Defendants' response to Plaintiffs' Motion for Preliminary Injunction 34 SHALL be filed on or before June 7, 2024; Plaintiffs' reply, if any, SHALL be filed on or before June 17, 2024. Signed by Judge R David Proctor on 05/17/2024. (CLD) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

PACER
40

NOTICE of Appearance by Dylan L. Mauldin on behalf of All Defendants (Mauldin, Dylan) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

PACER
41

NOTICE of Appearance by Soren A. Geiger on behalf of All Defendants (Geiger, Soren) (Entered: 05/20/2024)

May 20, 2024

May 20, 2024

PACER
42

MOTION to Dismiss by Wes Allen, Steve Marshall. (Attachments: # 1 Exhibit A - Final Order, Cooper v. Dean, # 2 Exhibit B - Final Order on Election Contest, Chester v. Alexander, # 3 Exhibit C - Indictments and Verdicts, State v. Melton)(LaCour, Edmund) (Entered: 05/20/2024)

1 Exhibit A - Final Order, Cooper v. Dean

View on PACER

2 Exhibit B - Final Order on Election Contest, Chester v. Alexander

View on PACER

3 Exhibit C - Indictments and Verdicts, State v. Melton

View on PACER

May 20, 2024

May 20, 2024

PACER
43

Unopposed MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss (Unopposed Motion for Extension of Time to File Response & Reply Briefs Regarding Defendants' Motion to Dismiss (Doc. 42)) by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 05/22/2024)

May 22, 2024

May 22, 2024

PACER
44

TEXT ORDER - This matter is before the court on Plaintiffs' Unopposed Motion for Extension of Time 43 . The Motion 43 is GRANTED. Plaintiffs' response to Defendants' Motion to Dismiss 42 SHALL be filed on or before Monday, June 10, 2024. Defendants' reply, if any, SHALL be filed on or before Thursday, June 20, 2024. Signed by Judge R David Proctor on 05/22/2024. (CLD) (Entered: 05/23/2024)

May 23, 2024

May 23, 2024

PACER
45

NOTICE by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund re 34 MOTION for Preliminary Injunction of Filing Supplemental Expert Declaration (Attachments: # 1 Affidavit Ex. A - Expert Decl. of Dr. Joseph Bagley)(Hattix, Laurel) (Entered: 05/24/2024)

May 24, 2024

May 24, 2024

PACER
46

RESPONSE to Motion re 34 MOTION for Preliminary Injunction filed by Wes Allen, Steve Marshall. (Attachments: # 1 Affidavit Declaration of Gregory M. Biggs, # 2 Affidavit Declaration of Dr. Justin Grimmer)(LaCour, Edmund) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

PACER
47

Unopposed MOTION for Leave to File AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANTS OPPOSITION TO A PRELIMINARY INJUNCTION by Republican National Committee, Alabama Republican Party, The. (Attachments: # 1 Exhibit A - Proposed Amicus Curiae Brief)(Oliver, Thomas) (Entered: 06/07/2024)

1 Exhibit A - Proposed Amicus Curiae Brief

View on PACER

June 7, 2024

June 7, 2024

RECAP
48

TEXT ORDER - This matter is before the court on an Unopposed Motion for Leave to File Amicus Curiae Brief in Support of Defendants' Opposition to a Preliminary Injunction filed by the Republican National Committee and the Alabama Republican Party. 47 The Motion 47 is GRANTED. The court accepts the Proposed Amicus Brief of the Republican National Committee and the Alabama Republican Party in Support of Defendants' Opposition to Preliminary Injunction Motion. [47-1]. The Clerk of Court is DIRECTED to file in the amicus brief. Signed by Judge R David Proctor on 06/10/2024. (CLD) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

PACER
49

Amicus Brief of the Republican National Committee and the Alabama Republican Party in Support of Defendants' Opposition to Preliminary Injunction Motion. (CLD) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
50

RESPONSE in Opposition re 42 MOTION to Dismiss filed by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Hattix, Laurel) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
51

Brief [Statement of Interest of United States] regarding Section 208 of the Voting Rights Act. (Slater, Kelli) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP

PHV Fee paid: $ 100, receipt number AALNDC-4612420(ALND B-11992). (Oliver, Thomas) Modified on 6/11/2024 (CLD).

June 11, 2024

June 11, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4612439(ALND B-11997). (Oliver, Thomas) Modified on 6/11/2024 (CLD).

June 11, 2024

June 11, 2024

PACER

PHV Fee paid: $ 100, receipt number AALNDC-4612443(ALND B-11999). (Oliver, Thomas) Modified on 6/11/2024 (CLD).

June 11, 2024

June 11, 2024

PACER

PHV Fee Paid

June 11, 2024

June 11, 2024

PACER
52

MOTION for Leave to Appear Pro Hac Vice of Conor D. Woodfin by Alabama Republican Party, The, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Oliver, Thomas) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
53

MOTION for Leave to Appear Pro Hac Vice of Seanhenry VanDyke by Alabama Republican Party, The, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Oliver, Thomas) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
54

MOTION for Leave to Appear Pro Hac Vice of Thomas R. McCarthy by Alabama Republican Party, The, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Oliver, Thomas) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
55

ORDER: Before the court are Motions for Admission Pro Hac Vice filed on behalf of attorneys Conor D. Woodfin, Seanhenry VanDyke, and Thomas McCarthy. (Docs. # 52, 53, 54 ). The Motions (Docs. # 52, 53, 54 ) are CONDITIONALLY GRANTED as set out. Signed by Judge R David Proctor on 06/11/2024. (CLD) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER
56

NOTICE in Support re 54 MOTION for Leave to Appear Pro Hac Vice of Thomas R. McCarthy, 52 MOTION for Leave to Appear Pro Hac Vice of Conor D. Woodfin, 53 MOTION for Leave to Appear Pro Hac Vice of Seanhenry VanDyke Notice of Compliance with Local Rules for Pro Hac Vice Admission filed by Alabama Republican Party, The, Republican National Committee. (Oliver, Thomas) Modified on 6/13/2024 (CLD). (Entered: 06/13/2024)

June 13, 2024

June 13, 2024

PACER
57

REPLY to Response to Motion re 34 MOTION for Preliminary Injunction filed by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Attachments: # 1 Exhibit A - Bagley Rebuttal Report)(Hattix, Laurel) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

PACER
58

REPLY to re 50, 42 (Defendants' Reply In Support of Motion to Dismiss) filed by Wes Allen, Steve Marshall. (McKay, Charles) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER
59

MOTION to Withdraw as Attorney Molly E. Danahy by Alabama Disabilities Advocacy Program, Alabama State Conference of the NAACP, Greater Birmingham Ministries, League of Women Voters of Alabama, League of Women Voters of Alabama Education Fund. (Danahy, Molly) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

PACER
60

TEXT ORDER - This matter is before the court on the Motion for Withdrawal of Counsel filed by attorney Molly E. Danahy. 59 The Motion 59 is GRANTED. The Clerk of Court is DIRECTED to TERMINATE attorney Danahy. Signed by Judge R David Proctor on 07/02/2024. (CLD) (Entered: 07/02/2024)

July 1, 2024

July 1, 2024

PACER
61

ORDER SETTING HEARING: This case is SET for oral argument on Defendants' Motion to Dismiss (Doc. # 42 ) and related briefing (Docs. # 50, 51, 58 ) at 10:00 a.m. on Wednesday, July 31, 2024, in Courtroom 8 of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge R David Proctor on 07/03/2024. (CLD) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

PACER

Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 7/31/2024 re 42 MOTION to Dismiss filed by Steve Marshall, Wes Allen. In Chambers conference held. Oral Arguments heard. Briefs due by August 9, 2024. (Court Reporter Pamela Weyant) (KSS)

July 31, 2024

July 31, 2024

PACER

Motion Hearing

July 31, 2024

July 31, 2024

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Election/Voting Rights

Disability Rights

Key Dates

Filing Date: April 4, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five Alabama civic engagement, faith-based, and disability rights organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Attorney General's Office (Montgomery, Montgomery), State

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

Constitutional Clause(s):

Freedom of speech/association

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Voting:

Voter qualifications

Voting: General & Misc.

Voting: Physical/Effective Access