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Thursday, November 14, 2024

Court enjoins parts of Alabama ballot harvesting law for certain voters

State AG
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Attorney General Steve Marshall | Facebook Website

The court has issued a preliminary injunction affecting certain provisions of Act 2024-33, specifically regarding ballot harvesting. The order restricts the enforcement of the "payment or gift" and submission provisions under specific conditions. These provisions are not enforceable when a voter is blind, disabled, or illiterate as defined by Section 208 of the Voting Rights Act and requests assistance from a person of their choice.

The injunction allows such voters to seek help with absentee ballots from individuals who may be compensated for their assistance. However, these provisions remain enforceable if the voter does not fall into these categories or has not requested help from someone engaged in prohibited conduct.

According to the court's directive, law enforcement officials are prevented "from implementing or enforcing SB 1’s Submission Restriction and Payment and Gift Provisions, Ala. Code § 17-11-4(c)(2), § 17-11-4(d)(1) to (d)(2), but only as to blind, disabled, or illiterate voters, within the meaning of Section 208 of the Voting Rights Act, who request assistance from a person of that voter’s choice."

General Marshall has informed all District Attorneys in the state about this preliminary injunction. He also mentioned that an appeal against the injunction has been filed along with a request for a stay.

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