Election Law @ Moritz

Election Law Litigation

Gooden v. Worley

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(page last updated October 30, 2007 at 2:25 PM)

Case Information

All Courts: U.S. District Court, Northern District of Alabama (Case 2:05-cv-02562-WMA)
Topic(s): Felon Voting Rights
State: Alabama
Date Filed: December 19, 2005
Date Ended: May 26, 2006

Summary

In this action Plaintiffs, African American citizens of Alabama previously convicted of felonies, are challenging the State of Alabama's disenfranchisement of felons as the State&'s policy had not been cleared under §5 of the Voting Rights Act. Plaintiffs were convicted of felonies involving driving under the influence of alcohol and possession of illegal drugs. Article VIII, Section 177(b) of the Alabama State Constitution disqualifies persons convicted of felonies involving moral turpitude from voting. Although the Attorney General issued an opinion stating that violating liquor laws and driving under the influence do not involve moral turpitude and do not disqualify persons convicted for these offenses from voting, the County Voter Registrars were directed not to register to vote any persons with any type of felony conviction. Accordingly, Plaintiffs in this action are seeking Declaratory Judgment that the Secretary of State lacks the authority to prevent felons convicted of crimes not involving moral turpitude from voting until such policy has been precleared in compliance with §5 of the Voting Rights Act.

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