Judge dismisses lawsuit after Alabama says new felon voting law won’t be enforced this election
MONTGOMERY, Ala. (AP) — A judge on Wednesday dismissed a lawsuit over the effective date of a new Alabama law that expands the list of felonies that would cause a person to lose the right to vote.
Circuit Judge James Anderson granted Alabama’s request to dismiss the lawsuit after the state assured the judge that the new law would not be enforced until after the November election.
Anderson noted in his order that plaintiffs, and others impacted by the expanded list, have the right to register and vote through the Nov. 5 election. Anderson handed down the order after a brief court hearing in Montgomery where the two sides agreed on the effective date.
The Campaign Legal Center had filed the suit seeking clarification that the new law won’t be used to block people from voting in November.
The legislation has an Oct. 1 effective date, but the Alabama Constitution prohibits new election laws from taking effect within six months of the general election. The group argued that those circumstances set up a potentially confusing situation over who could and could not vote in November.
Alabama officials said in a court filing that the state had no plans to implement the law before the election because of the constitutional provision and the time involved in making the change.
“It will be enforceable after the election, but not this election,” Deputy Attorney General James W. Davis told Anderson during the hearing.
The new law adds that a conviction for attempting, soliciting or conspiracy to commit one of the more than 40 existing crimes that now cause a person to lose their right to vote, would also be considered a disqualifying crime. The lawsuit was filed on behalf of two men, convicted of attempted murder years ago, who would lose their right to vote under the expanded list.
The Campaign Legal Center praised the outcome, saying it provides the needed clarity that people who will be eventually impacted by the new law can still vote on Nov. 5.
“Our democracy is by the people and for the people, so every person’s voice must be heard. Today, democracy prevailed,” Ellen Boettcher, legal counsel for Campaign Legal Center, said in a statement.
Alabama Secretary of State Wes Allen said the result was the “proper disposition of the case.”
“This lawsuit was nothing more than an attempt by an out of state, liberal group to occupy the time and resources of the Secretary of State’s office and the Attorney General’s office as we work to prepare for the Presidential election in November,” Allen said in a statement.
Allen’s office last month declined to comment on the implementation date of the new law, saying it “cannot comment on the substance of the pending litigation.”
Alabama allows many people convicted of disqualifying felonies to apply to have their voting restored if they have completed their sentences, parole and probation and paid all court fines and court-ordered restitution. Some convictions, such as murder, do not allow a person to regain their voting rights.