Felons affected by new Alabama law disqualifying them from voting can cast ballots this year, judge orders

Felons disqualified from voting under a new Alabama law will be able to cast ballots in the upcoming election, a Montgomery judge ordered Wednesday, clearing up confusion that prompted two men affected by the law to file a lawsuit.

HB100 was introduced this year by state Rep. Adline Clark, D-Mobile and was intended to prevent people convicted of crimes against election workers and other election officials from voting in future elections.

But in order to gain Republican support to pass Clark’s bill, four categories of felonies for “inchoate” crimes, such as attempted crimes and conspiracies, were added to the legislation.

Two men convicted of attempted murder — Robert Crowley, a U.S. Army veteran, and volunteer with the Paralyzed Veterans of America and Mid-South chapter representative, and JaiGregory Clarke, a community organizer in Jefferson County — filed a lawsuit last month asking that the new law not be enforced until after the Nov. 5 election.

Voters in 2022 overwhelmingly adopted a constitutional amendment that says laws affecting elections cannot change within six months of an election. But HB100 included an implementation date of Oct. 1, which is less than 35 days before the Nov. 5 election.

The Campaign Legal Center, which along with Montgomery attorney J. Mitch McGuire represented Crowley and Clarke, said the pair’s lawsuit applied pressure on Alabama Attorney General Steve Marshall, who indicated in court filings Friday that the new law would not be enforced until Nov. 6.

In light of Marshall’s filing, Montgomery County Circuit Court Judge James H. Anderson on Wednesday dismissed the lawsuit since Crowley, Clarke “and all other similarly situated Alabamians are not disqualified from registering or voting by virtue of the challenged law and have the right to register to vote through the Nov. 5, 2024 general election.”

“Our democracy is by the people and for the people, so every person’s voice must be heard. Today, democracy prevailed,” said Ellen Boettcher, legal counsel for CLC, in a statement. “The state must now ensure that Alabama officials heed the judge’s order to avoid unnecessary confusion at the ballot box and ensure that all eligible Alabamians can exercise their freedom to vote this November.”

While Crowley and Clarke’s lawsuit was centered around the timing of the implementation of the new law, the merits of HB100 have not been decided.

It was not immediately clear whether Crowley and Clarke or other felons affected by the legislation will be challenging its constitutionality.

“Right now, we’re laser focused on making sure voters can participate in the 2024 election,” said Boettcher. “This order means Alabamians will be able to make their voice heard in November without fear or confusion and we consider that a huge victory.”

Alabama has a long history of disenfranchising voters for crimes of moral turpitude, going back to the Alabama Constitution of 1901, which was intended to keep Black people and poor whites from voting. The law applied to both misdemeanors and felonies. There was no definition for moral turpitude. That gave county boards of registrars, political appointees, discretion over which people convicted of crimes could be disqualified from voting.

In 1985, the U.S. Supreme Court struck down Alabama’s disenfranchisement of voters for misdemeanors. Alabama voters approved a new constitutional amendment in 1996 disqualifying voters who committed felonies involving moral turpitude, but still without a definition for the term.

In 2017, after a federal lawsuit known as Thompson v. Alabama, the Legislature finally defined crimes of moral turpitude by passing the Felony Voter Disqualification Act. It listed more than 40 crimes, including murder, robbery, rape, assault, sexual abuse, and other violent crimes, as well as some nonviolent crimes such as burglary and forgery.

Many felons who lose their voting rights and who have completed their sentences, paid all fines, court costs, and restitution, and who do not have a pending felony charge, can apply for a Certificate of Eligibility to Register to Vote, or CERV. Those convicted of about 15 crimes, including murder, rape, sexual abuse, and treason, are not eligible to receive a CERV.