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League of Women Voters of AL Files Lawsuit Challenging Election Law Amid Coronavirus


The League of Women Voters of Alabama, on Thursday, Sued Gov. Kay Ivey (R), Secretary of State John Merrill (R), and Local Election Officials, in Montgomery Court over Absentee Voting Requirements amid the ongoing Coronavirus Pandemic.

The Lawsuit's named Plaintiffs include Alabama citizens Older than 60 who argue the State's Absentee Voting Requirements, which require Voters to Submit a Copy of their Photo ID and have the Ballot Witnessed by a Notary Public or Two Adults, present Unconstitutional Obstacles for People at Increased Risk of Contracting COVID-19 or Developing Severe Complications from the Virus.

"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," the League Stated in a Press Release. "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 Lawsuit states Lucinda Livingston, 63, has Isolated herself in her Montgomery Home since Mid-March with her young grandson. Due to Pre-Existing conditions, she's fearful of leaving the house and Exposing herself or her grandson to the Virus. "She has never voted an absentee ballot, but she wishes to do so in the elections held in 2020," the Lawsuit states. "She does not have a scanner in her home, cannot make a copy of her photo ID, and has no way safely to get her absentee ballot notarized or signed by two witnesses."

Other plaintiffs include Poll Workers, such as Mobile County Resident, Suzanne Schwartz, 73yrs Old.

According to the Lawsuit, Mobile County Chief Election Officer sought Guidance from Merrill in early May, writing in a Letter he was "at a loss to determine" how to follow CDC-Recommended Social Distancing Guidelines while also Complying with Election Law at Polling Places. The Lawsuit states Poll Workers, largely Older Alabamians, are "reluctant or unwilling" to possibly Expose themselves to the Virus.

"Approximately twenty-eight poll workers are in her precinct, which is too small to maintain social distancing, either for the poll workers or for voters, who line up twenty-deep at peak hours on election day," the Lawsuit states. "The Precinct 56 polling place is located on a very busy intersection, and curbside voting would not be practicable there. She has been informed by the Probate Judge’s office that some sanitizing and personal protective equipment will be made available for the poll workers, but she does know what protections will be made available for voters."

Alabamians are slated to Return to Vote on July 14th for the Republican Runoff Election, including the U.S. Senate Nomination.

A similar Lawsuit was filed in Federal Court on May 1st Challenging Absentee Voting Requirements in Alabama. The Southern Poverty Law Center, the NAACP Legal Defense Fund, and the Alabama Disabilities Advocacy Program, filed Suit on Behalf of the Plaintiffs, many of whom have Health Issues. They Argue that this put them at Risk of Contracting the COVID-19 Virus, and Amounted to an Unconstitutional Ban burden on their Right to Vote.

The Lawsuit seeks to Allow Curbside Voting, in which a Voter can Cast a Ballot from their Car, and Ban a Photo ID Requirement for those Vulnerable to the COVID-19 Outbreak. It also seeks to Overturn the Witness Requirement. The Plaintiffs argued in a May 13th Brief that the Requirement amounted to a Voucher.

The U.S. Department of Justice Argued, in a Brief filed Tuesday, that Alabama’s current Requirement to have Witnesses Sign an Absentee Ballot is Not a Violation of the Voting Rights Act.

Merrill has Authorized the Coronavirus Pandemic as a Valid Reason to Cast an Absentee Ballot in the July Election, but has Resisted Calls to Implement further Changes to the Process. Merrill said in a Tweet to President Trump on Sunday that “WE WILL NOT have direct mail in voting in Alabama!”










NYC Wins When Everyone Can Vote! Michael H. Drucker


     
 
 


This post first appeared on The Independent View, please read the originial post: here

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League of Women Voters of AL Files Lawsuit Challenging Election Law Amid Coronavirus

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