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August 5, 2020

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Attorney General Steve Marshall Hails Another Legal Victory for Alabama’s
Absentee Voting Law

(MONTGOMERY) – Attorney General Steve Marshall announced the State of Alabama scored a victory Wednesday as a Montgomery County Circuit Court judge ruled against a lawsuit challenging Alabama’s absentee voting law.

“Alabama’s absentee voting law requires voters who seek an absentee ballot to submit a copy of their photo ID as well as have two witnesses or one notary to sign the absentee ballot,” said Attorney General Marshall. “This simple process, which is designed to protect the integrity of our elections, was upheld today as a Montgomery County Circuit Court dismissed a lawsuit by the League of Women Voters of Alabama seeking to block the law in order to weaken it.

“Today’s circuit court ruling is a victory for Alabama’s absentee voting law which will remain in effect to safeguard our elections.”

Judge J.R. Gaines stated in his ruling, “For the reasons laid out in the Defendants’ Motions to Dismiss, the Court finds that it lacks jurisdiction over Plaintiffs’ complaint because the Plaintiffs present a non-justiciable political question, Plaintiffs lack standing to sue Defendants, and the claims against Defendants are barred by sovereign immunity. Additionally, the Court notes that even if it had found that jurisdiction exists, it would have found that the Plaintiffs have failed to state a claim upon which relief can be granted, for the reasons laid out in the Defendants’ Motions to Dismiss. Upon consideration of the foregoing, it is hereby ordered that Defendants’ Motions to Dismiss are granted. Plaintiffs’ claims are dismissed without prejudice. Plaintiffs’ motion for preliminary injunction is denied.”

The Montgomery County Circuit Court decision comes a little more than a month after the U.S. Supreme Court granted the State of Alabama’s request for a stay of a federal district court’s preliminary injunction of Alabama’s absentee voting law, allowing it to remain in effect while the federal lawsuit proceeded on appeal.

A copy of the Montgomery County Circuit Court ruling is linked here.

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