A coalition of rights groups led by the Alabama State Conference of the NAACP filed a lawsuit Friday challenging four provisions of Alabama Senate Bill 1, Act No. 2024-33 (“SB 1”), which criminalizes absentee ballot assistance. The case is in the Southern Division of the Northern District of Alabama.

Two of the challenged provisions were the Payment Provisions and the Gift Provisions. The filing says that the Payment Provision “makes it ‘unlawful for a third party to knowingly receive a payment,’ or ‘knowingly pay…a third party,’ to ‘distribute, order, request, collect, prefill, complete, obtain, or deliver a voter’s absentee ballot application.’ The Gift Provision “makes it ‘unlawful for a third party to knowingly receive…a gift,’ or ‘knowingly…provide a gift,’ to a ‘third party’ to ‘distribute, order, request, collect, prefill, complete, obtain, or deliver a voter’s absentee ballot application.” Both the Payment and Gift Provisions carry a Class B or C felony penalty.

Other challenged provisions include the Prefilling Provision and the Submission Provision. The filing says that the Prefilling Restriction “makes it ‘unlawful for any person to knowingly distribute an absentee ballot application to a voter that is prefilled with the voter’s name or any other information required on the application form.” The Submission Provision “makes it ‘unlawful for an individual to submit a completed absentee ballot application to the absentee election manager other than his or her own application,’ unless that person is seeking emergency medical treatment within five days before an election.” Both the Payment and Prefiling Provision carry a Class A misdemeanor penalty.

Ballot harvesting was the primary motive behind SB 1. Ballot harvesting is the practice and laws that allow third parties to collect and submit absentee ballots. Laws vary state by state, with some states allowing ballot harvesting by specific persons, some allowing a person chosen by the voter to return their ballot, some states unspecified on who may return ballots, and one state, Alabama, that allows only the voter to return their ballot.

According to the Legal Defense Fund, SB 1 would prohibit “non-partisan civil rights, voting rights, and disability rights organizations” from assisting voters with their absentee ballots for the November General Election. Absentee ballots are especially significant for groups such as “senior citizen voters, incarcerated voters, voters with disabilities, and low-literacy voters.”According to the Alabama Secretary of State, there were 305,663 absentee votes cast in the 2020 General Election, making up 13.1% of the total votes cast.

The lawsuit challenges SB 1 on the grounds of criminalizing constitutionally protected speech and expression, and for being too vague in its language. The current language of SB 1 would make it a crime “to provide a postage stamp to a neighbor distributing absentee ballot applications, or for a grandmother to show her appreciation for her grandchild’s assistance in completing or delivering her absentee ballot application by giving them gas money or a token gift like a pie.”

Section 5 of the Voting Rights Act prohibits the enactment of new voting procedures until the procedures have been determined to have “neither discriminatory purpose or effect.”

Alabama is among the states with the most rigid absentee ballot process. State law lays out 8 situations for which a person is eligible for an absentee ballot, including if the person expects to be away from their residence on election day, if the person has a physical illness that would prevent them from voting in person, if the person is a student, if the person is a member of the military or a military dependent, if the person is an election officer or pollworker, and if the person is a family caregiver, or if the person is incarcerated but not yet convicted of a “felony involving moral turpitude.”

Once a person meets one of these criteria, they must receive an absentee ballot application, fill it out, including a copy of their photo identification, and either deliver it in person or physically place it in a mail box. Brookings has given Alabama a grading of F for their absentee ballot procedures.

After singing SB 1 into law, Governor Kay Ivey said “we are committed to ensuring our elections are free and fair…Under my watch, there will be no funny business in Alabama elections.”

Senate Minority Leader Bobby Singleton questioned the bill, saying “I think this is a national Republican issue. I think the state is jumping on something…Ballot harvesting is not an issue in this state.”