People First Of Alabama v. Merrill

Facts

The parties dispute whether three provisions of Alabama's election laws-the requirement that a notary or two witnesses sign absentee ballot affidavits, the requirement that absentee voters submit a copy of their photo ID with an absentee ballot application, and the de facto ban on curbside voting violate the right to vote in light of the COVID-19 pandemic. Ps assert that Ds' enforcement of the Challenged Provisions during the pandemic compels voters to risk exposure to COVID-19 in order to exercise their right to vote, leading to potentially deadly consequences for vulnerable voters whose age, race, disabilities, or health conditions place them at heightened risk from the virus. Ps contend that forcing voters to bear that risk runs afoul of their fundamental right to vote and violates federal law, and they seek an order barring Ds from enforcing the Challenged Provisions for the general election in November. Ps believe voters will face an impossible choice between jeopardizing their health by engaging in person-to-person contact they would not otherwise have or sacrificing their right to vote during the COVID-19 pandemic. Peebles (P) is an Alabama voter who uses a wheelchair and suffers from spastic cerebral palsy. Porter, Jr. (P), a Black man in his seventies, earnestly expressed: 'So many of my [ancestors] even died to vote. And while I don't mind dying to vote, I think we're past that - we're past that time.' Thompson (P), a sixty-eight-year-old Black woman, explained that the importance of voting 'has been instilled in [her] from a young person because of . . . how hard it was for us to get the right to vote, the things that some of my ancestors had to go through in order to get the right to vote . . . .' Ds maintain that the challenged provisions are necessary to preserve the legitimacy of the general election by preventing voter fraud and safeguarding voter confidence. Ds also contend that the challenged provisions do not impose any undue burdens, especially when balanced against the State's interests, and that enjoining the Challenged Provisions so close to the election will result in voter confusion and unduly burden Ds. COVID-19 presents special risks for people with disabilities. People with certain preexisting medical conditions, including immunological conditions, hypertension, certain heart conditions, lung diseases (asthma and chronic obstructive pulmonary disease), diabetes mellitus, obesity, chronic kidney disease, and sickle cell anemia also have an elevated risk of severe complications or death from COVID-19. Statistics from the ADPH reveal that approximately 96.2 percent of Alabamians who have died from COVID-19 had underlying health conditions. The underlying health conditions that increase their risk for COVID-19 complications: more than 14 percent have diabetes, 41.9 percent have high blood pressure, 10.4 percent have asthma, approximately 33 percent are obese, and about 1 in 11 have kidney disease. Governor Ivey and the ADPH have taken steps to combat the spread of COVID-19. Public gatherings were restricted, and schools were closed. All individuals-especially vulnerable persons-were encouraged to stay home and follow good sanitation practices, and all non-work-related gatherings of any size that cannot maintain a consistent six-foot distance between persons from different households are prohibited. The 'Safer at Home' order requires people over the age of six to wear facial coverings or masks in public to prevent the spread of COVID-19. According to Dr. Reingold, traditional in-person voting exposes voters to a risk of contracting COVID-19 due to the proximity of a large number of individuals in a limited space and the large number of common surfaces that many people may touch. Dr. Reingold indicated that, in Alabama, the risk of in-person voting is compounded because the State's mask order does not apply to 'any person who is voting.' Ds' expert, Dr. Quentin Kidd, a political scientist at Christopher Newport University, found that there was no increase in COVID-19 infection rates in the 14-day period following elections in Wisconsin, Virginia, West Virginia, Georgia, and Kentucky, based on his review of data from Johns Hopkins University. On cross-examination, Dr. Kidd admitted that during the time period between 15 and 30 days after the elections, which accounted for the lag time, a noticeable increase in COVID-19 cases could be seen in all of those jurisdictions, except Virginia. Secretary Merrill extended the emergency absentee voting rule to apply to the November 3, 2020, general election. Thus, any voter in Alabama who wishes to vote absentee in the November election due to concerns about COVID-19 may do so, subject to the witness and photo ID requirements.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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