A state judge on Wednesday threw out a lawsuit by disability advocates challenging provisions of Alabama’s absentee ballot laws, saying his court lacked jurisdiction and the plaintiffs lacked standing to sue.
The lawsuit, initially filed in May in Montgomery County Civil Court by the League of Women Voters and several elderly or sick Alabamians, contended that provisions requiring absentee voters to have photo IDs before getting their ballots and another requiring a notary public or two witnesses attest that the voter filled out the ballot violate Alabama’s constitution amid the COVID-19 pandemic.
“Requiring voters without facilities in their homes to obtain copies of photo identifications will endanger their health and their lives during the coronavirus pandemic by exposing them to potential infection outside their homes,” the lawsuit stated. " The suit gave the same reasoning for why the witness requirement is unlawful.
But Montgomery County Civil Court Judge J.R. Gaines dismissed the lawsuit for several reasons.
“For the reasons laid out in the defendants’ motions to dismiss, the court finds that it lacks jurisdiction over Plaintiffs’ complaint because Plaintiffs present a nonjusticiable political question, plaintiffs lack standing to sue defendants, and the claims against defendants are barred by sovereign immunity,” Gaines wrote in his order. “Additionally, the court notes that even if it had found that jurisdiction exists, it would have found that plaintiffs have failed to state a claim upon which relief can be granted, for the reasons laid out in the defendants’ motions to dismiss.”
Gaines’ decision was hailed by Alabama Attorney General Steve Marshall, whose office represented the state in the lawsuit.
“Alabama’s absentee voting law requires voters who seek an absentee ballot to submit a copy of their photo ID as well as have two witnesses or one notary to sign the absentee ballot,” Marshall said. “This simple process, which is designed to protect the integrity of our elections, was upheld today as a Montgomery County Circuit Court dismissed a lawsuit by the League of Women Voters of Alabama seeking to block the law in order to weaken it.”Today’s circuit court ruling is a victory for Alabama’s absentee voting law which will remain in effect to safeguard our elections.”
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