October 20, 2020
LANSING – Attorney General Dana Nessel recently joined a group of attorneys general in opposing Alabama’s attempt to ban curbside voting after a federal court permitted local officials the flexibility of allowing it.
In a friend-of-the-court brief filed in People First of Alabama v. Merrill in the U.S. Supreme Court, the multistate coalition argues that local election officials should be allowed to administer the upcoming election in ways that both ensure voter participation and protect public health, including by allowing curbside voting. The brief also argues that banning curbside voting would disproportionately harm the elderly, voters with disabilities and Black Alabamians.
"In light of the ongoing public health emergency, curbside voting is a safe and secure option that allows voters who are particularly susceptible to COVID-19 the opportunity to vote without compromising their well-being,” Nessel said. “Local jurisdictions should be allowed the flexibility to offer this commonsense accommodation. My colleagues and I will continue to fight to ensure every voter can safely participate in our country’s most important democratic tradition – our elections.”
Amid the COVID-19 pandemic, states and local election officials across the country have modified their election procedures to protect the health of voters and election workers. One way localities are making voting in this election safe and accessible is through curbside voting, an option where eligible voters can cast their ballot outside the polling place with the help election workers. There are no known instances of voter fraud associated with curbside voting.
In May 2020, a group of Alabama voters and voting-rights organizations filed a lawsuit challenging the Alabama Secretary of State’s policy of banning local elections officials from permitting curbside voting. After the district court enjoined the ban, Alabama appealed to the U.S. Court of Appeals for the Eleventh Circuit, where a divided panel denied a stay of the injunction, permitting counties to implement curbside voting. Alabama is seeking an emergency stay from the U.S. Supreme Court to reinstate the ban.
In the amicus brief, the coalition opposes Alabama’s attempt to reinstate the ban on curbside voting because:
In filing the brief, Attorney General Nessel is joined by the attorneys general from the District of Columbia, California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington.