Resource: LWV of Ala. v. Merrill

Facts: The LWVAL and plaintiff voters filed suit over the state’s lack of safe and accessible voting processes amid the COVID-19 pandemic. Claims: (1) Expiration of Secretary of State’s emergency waiver of ‘no-excuse’ absentee voting is violation of the fundamental right to vote under Article I section 33 and Article VIII section 177 of the Alabama Constitution; (2) failure to exercise emergency authority to waive photo ID requirement for absentee ballot application is violation of same sections of Alabama Constitution; (3) failure to exercise emergency authority to waive requirement of notary or 2 witness for submission of completed absentee ballot is a violation of same sections of Alabama Constitution; (4) failure to modify deadlines for absentee ballot (application and submission) is a violation of Alabama Constitution; (5) failure to exercise emergency authority to adopt safety procedures for in person voting, including early voting to promote social distancing, is a violation of same sections of Alabama Constitution. The suit requests that the court declare the defendants failures violates the plaintiffs’ right to vote as guaranteed by Alabama Constitution, enjoin defendants from failing to modify absentee ballot requirements and failing to adopt safety measures for in person voting, and enter a preliminary injunction ordering defendants (Secretary of State Merrill and Governor Ivey) to promptly submit an emergency plan remedying these constitutional violations and notifying all Alabama voters of emergency measures.