This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
People First of Alabama v. Merrill
Closed. Settled and/or Withdrawn (Appellant-Plaintiffs move to dismiss the appeal without prejudice, to which Appellee-Defendants do not object)
People First of Alabama v. Merrill, No. 2:20-cv-00619 (N.D. Ala), 2020 WL 3207824 |
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| Case Summary | The NAACP LDF, SPLC, and the Alabama Disabilities Advocacy Program filed suit over the state’s lack of safe and accessible voting processes amid the COVID-19 pandemic. The specific claims were: (1) violation of the fundamental right to vote under the 1st and 14th Amendments because of the witness requirement, the prohibition on curbside voting, and the photo ID requirements as applied curbed the right to vote; (2) failure to provide reasonable accommodations in violation of Title II of the Americans with Disabilities Act, specifically those with health conditions that put them at high risk if they leave their homes to vote; (3) violation of Section 2 of the Voting Rights Act because of the witness requirement and the prohibition on curbside voting; and (4) Sections 3 and 201 of the Voting Rights Act due to the witness requirement. The suit requests that the court enjoin enforcement of the witness requirement, photo ID requirements, and the prohibition on curbside voting, and to accept absentee ballots that are missing the signature of a notary or two witnesses or are missing copies of photo IDs; The suit also requests declaratory relief re unconstitutionality of the voting requirements indicated. | |
| Filed | 05/01/2020 | |
| State | Alabama | |
| Type of Court | Federal | |
| Circuit | Eleventh Circuit | |
| Status | Closed (Lee, Madison, and Wilcox Counties all moved to dismiss the case and retained jurisdiction to enforce the settlement order.) | |
| Last Updated | 05/12/2021 | |
| Issue Tag(s) | Vote-by-Mail (Witness and/or Notary Requirement, Failure to Include ID/Documentation) In-Person Voting COVID Concern (ID/Documentation Requirements, Curbside Voting Availability) |
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| Complaint(s) | 05/01/2020: Complaint filed. | |
| Dispositive Ruling(s) | 06/15/2020: Order/Ruling, Preliminary Injunction pertains to July 14th runoff only: 1) enjoined from enforcing the witness requirement where qualified absentee voter provides a written statement re underlying medical condition as indicated by CDC placing individual at high risk of contracting severe case of COVID-19; 2) enjoined from enforcing the photo ID requirement for qualified voter 65 or older or qualifed voter with a disability who provides a written statement regarding age or disability; and 3) enjoined Secretary of state from prohibiting counties from establishing curbside voting procedures that otherwise comply with state election law. | |
| 07/16/2020: Other, The Court of Appeals similarly dismissed the cases as a result of the settlement terms in the District Court. | ||
| 08/21/2020: Order/Ruling, Parties agreed to settlement ending the de facto ban on curbside voting. | ||
| 09/04/2020: Order/Ruling, Motion to dismiss with prejudice for Madison County. | ||
| 09/17/2020: Order/Ruling, Motion to dismiss with prejudice for Lee County. | ||
| 09/18/2020: Order/Ruling, Motion to dismiss with prejudice for Wilcox County. | ||
People First of Alabama v. Merrill, No. 20-12184 (11th Cir.) |
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| Case Summary | The NAACP LDF, SPLC, and the Alabama Disabilities Advocacy Program filed suit over the state’s lack of safe and accessible voting processes amid the COVID-19 pandemic. The specific claims were: (1) violation of the fundamental right to vote under the 1st and 14th Amendments because of the witness requirement, the prohibition on curbside voting, and the photo ID requirements as applied curbed the right to vote; (2) failure to provide reasonable accommodations in violation of Title II of the Americans with Disabilities Act, specifically those with health conditions that put them at high risk if they leave their homes to vote; (3) violation of Section 2 of the Voting Rights Act because of the witness requirement and the prohibition on curbside voting; and (4) Sections 3 and 201 of the Voting Rights Act due to the witness requirement. The suit requests that the court enjoin enforcement of the witness requirement, photo ID requirements, and the prohibition on curbside voting, and to accept absentee ballots that are missing the signature of a notary or two witnesses or are missing copies of photo IDs; The suit also requests declaratory relief re unconstitutionality of the voting requirements indicated. | |
| Filed | 06/17/2020 | |
| State | Alabama | |
| Type of Court | Federal | |
| Circuit | Eleventh Circuit | |
| Status | Closed. Settled and/or Withdrawn (Appellant-Plaintiffs move to dismiss the appeal without prejudice, to which Appellee-Defendants do not object) | |
| Last Updated | 05/12/2021 | |
| Issue Tag(s) | Vote-by-Mail (Witness and/or Notary Requirement, Failure to Include ID/Documentation) In-Person Voting COVID Concern (ID/Documentation Requirements, Curbside Voting Availability) |
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| Dispositive Ruling(s) | 11/16/2020: Other | |
| 06/17/2020: Other, Notice of Appeal | ||
| 06/25/2020: Order/Ruling, Stay Denied. Defendants failed to make a strong showing that they are likely to succeed on the merits, that there would be not be irreparable harm absent a stay, that issuance of stay would harm other interested parties, or that a stay is not in the public interest. The court determined the plaintiffs have standing to bring claims. By weighing the burden of the state voting requirements with the state interest in voter confidence and integrity of voting process, the court determined that the lower court did not abuse its discretion. | ||
| 10/14/2020: Other, The court granted the state of Alabama's motion for a stay of the district court’s injunction as to the witness and photo ID requirements. The court denied the motion for a stay as to the curbside voting ban. | ||
| 11/16/2020: Other | ||
People First of Alabama v. Merrill, No. 19A1063 (S. Ct.) |
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| Case Summary | Facts: The NAACP LDF, SPLC, and the Alabama Disabilities Advocacy Program filed suit over the state’s lack of safe and accessible voting processes amid the COVID-19 pandemic. Claims: The specific claims were: (1) violation of the fundamental right to vote under the 1st and 14th Amendments because of the witness requirement, the prohibition on curbside voting, and the photo ID requirements as applied curbed the right to vote; (2) failure to provide reasonable accommodations in violation of Title II of the Americans with Disabilities Act, specifically those with health conditions that put them at high risk if they leave their homes to vote; (3) violation of Section 2 of the Voting Rights Act because of the witness requirement and the prohibition on curbside voting; and (4) Sections 3 and 201 of the Voting Rights Act due to the witness requirement. The suit requests that the court enjoin enforcement of the witness requirement, photo ID requirements, and the prohibition on curbside voting, and to accept absentee ballots that are missing the signature of a notary or two witnesses or are missing copies of photo IDs; The suit also requests declaratory relief re unconstitutionality of the voting requirements indicated. | |
| Filed | 06/29/2020 | |
| State | Alabama | |
| Type of Court | Federal | |
| Circuit | US Supreme Court | |
| Status | Closed | |
| Last Updated | 03/14/2021 | |
| Issue Tag(s) | Vote-by-Mail (Witness and/or Notary Requirement, Failure to Include ID/Documentation) In-Person Voting COVID Concern (ID/Documentation Requirements, Curbside Voting Availability) |
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| Dispositive Ruling(s) | 06/29/2020: Order/Ruling, Supreme Court - Motion by defendants to stay district court's injunction; defendants' arguments include: Plaintiff has not established that in person voting is sufficiently risky as to be an obstacle to voting, curbside voting goes beyond 'reasonable modifications' required by the ADA, injunction would cause irreparable harm to intgrity of Alabama voting process while stay would not cause irreparable harm to plaintiffs. | |
| 07/02/2020: Order/Ruling, Stay Granted - formal order to Stay injunction pending appeal in 11th circuit | ||
| 10/15/2020: Other, Alabama appeals the Eleventh Circuit's refusal to stay the district court's injunction against the curbside voting ban. | ||
| 10/21/2020: Other, In an unsigned opinion, the Supreme Court stayed the federal district court's injunction. Alabama's ban on curbside voting resumes effect. | ||
