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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

People First of Alabama v. Merrill

Case Information

Date Filed: May 1, 2020
State: Alabama
Issue: Improper Election Administration
Current Court: Supreme Court of The United States (Case 19A1063)

Issue:

In light of the COVID-19 pandemic, Plaintiffs challenge 1) the requirement that an affidavit that must be included with an absentee ballot be signed by the voter in the presence of either a notary or two adult witnesses; (2) the requirement that copies of photo identification accompany absentee ballot applications; (3) the requirement that copies of photo identification accompany certain absentee ballots; and (4) the prohibition on curbside voting. Plaintiffs assert that by not amending these policies the state is innappropriately limiting Alabama's citizens right to vote.

Status:

Complaint filed 5/1/20. Motion For Preliminary Injunction 5/14/20. Motion to Dismiss 6/9/20. District Court Opinion 6/15/20. Notice of Appeal 6/16/20. Emergency Motion to Stay Pending Appeal 6/17/20. Order Denying Motion to Stay Pending Appeal 6/25/20. Application For A Stay Submitted To Justice Thomas 6/29/20.

U.S. District For The Northern District Of Alabama Court Documents

  • Complaint pdf file (5/1/20)
  • Civil Cover Sheet pdf file (5/1/20)
  • Motion For Preliminary Injunction By Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson pdf file (5/12/20)
  • Motion To Strike Brief, And Replace Memorandum Of Law In Support Of Plaintiffs' Motion For Preliminary Injunction By Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson pdf file (5/14/20)
  • Corrected Memorandum Of Law In Support Of Plaintiffs' Motion For Preliminary Injunction pdf file (5/14/20)
  • Response In Opposition re Motion For Preliminary Injunction Filed By Alleen Barnett, Kay Ivey, John Merrill, State Of Alabama pdf file (5/25/20)
  • Statement Of Interest re Motion For Preliminary Injunction Filed By United States Of America pdf file (5/25/20)
  • Exhibit 1 pdf file (5/25/20)
  • Exhibit 2 pdf file (5/25/20)
  • Exhibit 3 pdf file (5/25/20)
  • Reponse In Opposition re Motion For Preliminary Injunction Defendant Mary Roberson's Response To Plaintiff's Motion For Preliminary Injunction Filed By Mary B. Roberson pdf file (5/26/20)
  • Response To re Plaintiff's Motion For Preliminary Injunction Filed By Jacqueline Anderson-Smith, Karen Dunn Burks pdf file (6/1/20)
  • Reply Brief Filed By Plaintiffs Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson re: Motion For Preliminary Injunction pdf file (6/1/20)
  • Attachments: # 1 Declaration And Exhibits 68 To 72 pdf file (6/1/20)
  • Motion To Dismiss By Mary B. Roberson pdf file (6/9/20)
  • Exhibit A pdf file (6/9/20)
  • Exhibit B pdf file (6/9/20)
  • Memorandum Opinion pdf file (6/15/20)
  • Preliminary Injunction Order Consistent With The Memorandum Opinion pdf file (6/15/20)
  • Notice Of Interlocutory Appeal As To Memorandum Opinion, Order On Motion For Preliminary Injunction pdf file (6/16/20)
  • Response In Opposition re Motion to Dismiss Filed By Alabama State Conference Of The NAACP, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson pdf file (6/17/20)
  • Joint Motion For Settlement Joint Motion For Entry Of Settlement By Mary B. Roberson pdf file (6/30/20)
  • Response In Support re Joint Motion For Settlement Joint Motion For Entry Of Settlement Settlement Agreement Filed By Mary B. Roberson pdf file (6/30/20)
  • Amended Complaint Against Jacqueline Anderson-Smith, Alleen Barnett, Karen Dunn Burks, John Merrill, Mary B. Roberson, State Of Alabama (The), Filed By Annie Carolyn Thompson, Eric Peebles, Alabama State Conference Of The NAACP, People First Of Alabama, Greater Birmingham Ministries, Howard Porter, Jr, Robert Clopton pdf file (7/6/20)
  • Order Denying 78 Motion For Leave To File Amicus Curiae-Since Several Probate Judges Are Already Parties To The Case As Defendants, 75 The Court Is Confident That The APJAs Interests Are Adequately Represented. Accordingly, The APJAs Motion For Leave To Appear As Amicus Curiae Is Denied pdf file (7/14/20)
  • Motion To Dismiss State Defendants' Partial Motion To Dismiss By John Merrill pdf file (7/20/20)
  • Answer To Amended Complaint, By JoJo Schwarzauer pdf file (7/20/20)
  • Motion For Protective Order By Alabama State Conference Of The NAACP, Gregory Bentley, Teresa Bettis, Black Voters Matter Capacity Building Institute, Robert Clopton, Greater Birmingham Ministries, Eric Peebles, People First Of Alabama, Howard Porter, Jr, Annie Carolyn Thompson, Sheryl Threadgill-Matthews pdf file (7/22/20)
  • Text Of Proposed Order pdf file (7/22/20)
  • Answer To Amended Complaint, By Jacqueline Anderson-Smith, Karen Dunn Burks pdf file (7/24/20)
  • Motion To Dismiss By Lashandra Myrick pdf file (7/27/20)
  • Motion To Dismiss By Britney Jones-Alexander pdf file (7/27/20)
  • United States Court Of Appeals For The Eleventh Circuit

  • Civil Appeal Docketed pdf file (6/17/20)
  • Emergency Motion To Stay Pending Appeal pdf file (6/17/20)
  • Appendix Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama pdf file (6/17/20)
  • Response To Motion To Stay Pending Appeal Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama Filed By Attorney Deuel Ross For Appellees Robert Clopton, Eric Peebles, People First Of Alabama, Howard Porter, Jr. And Annie Carolyn Thompson pdf file (6/19/20)
  • Amended Response To Motion To Stay Pending Appeal Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama Filed By Attorney Deuel Ross For Appellees Robert Clopton, Eric Peebles, People First of Alabama, Howard Porter, Jr. And Annie Carolyn Thompson pdf file (6/19/20)
  • Reply To Response Filed By Appellants Secretary Of State For The State Of Alabama And State Of Alabama pdf file (6/19/20)
  • Order: Defendants-Appellants Secretary Of State For The State Of Alabama And State Of Alabama's Emergency Motion For Stay Pending Appeal Is Hereby Denied pdf file (6/25/20)
  • Motion To Voluntarily Dismiss Appeal Filed By Secretary Of State For The State Of Alabama And State Of Alabama pdf file (7/16/20)
  • The Supreme Court Of The United States

  • Application For A Stay, Submitted To Justice Thomas pdf file (6/29/20)
  • Application For Stay Granted pdf file (7/2/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...