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Litigation

United States v. Alabama

Case Information

Date Filed / Ended: May 1, 2006 / September 18, 2008
State: Alabama
Issue: State Voter Registration Databases
Courts that Heard this Case: U.S. District Court, Middle District of Alabama (Case 2:06-cv-00392-WKW-SRW)

Issue:

Whether Alabama has failed to comply with the Help America Vote Act by not implementing technology or procedures required to create a statewide voter registration database.

Status:

Substance of D's HAVA compliance plan accepted, timeline rejected. Court has appointed Governor Bob Riley as Special Master to administer the plan.  Final Status Report filed by the Special Master on 8/22/08.  Final Order and Judgment issued on 9/18/08.

Case Summary

In this case, the United States has brought an action to enforce the requirements of §303(a) and §303(b) of the Help America Vote Act of 2002 ("HAVA"). It is alleged that Defendants, the State of Alabama and the Alabama Secretary of State, have failed to comply with these HAVA requirements by failing to implement new technology that would create and maintain a centralized voter registration list. Specifically, Plaintiff asserts that Defendants have failed to: (1) publish any regulations regarding the creation of maintenance of a centralized voter registration list; (2) contract with any company to develop a centralized voter registration list; (3) develop technical requirements necessary for the implementation of a centralized voter registration list; (4) coordinate state agency databases with a centralized voter registration list; (5) require voter registration applicants to provide their driver license number or last four digits of their social security number; and, (6) coordinate with the Social Security Administration to match data from the centralized voter registration list with information from the federal social security number database. Accordingly, Plaintiff is now seeking declaratory and injunctive relief requiring Defendants to comply with these HAVA requirements.

District Court Documents

Related Links

Commentary

Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

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In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

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Info & Analysis

Daniel P. Tokaji

Tokaji Testimony for Senate DISCLOSE Hearing

Professor Tokaji has submitted the following writing testimony for today's hearing before the U.S. Senate Rules and Administration Committee on the proposed DISCLOSE Act.

 

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