SPEAKIN’ OUT NEWS
MONTGOMERY, Ala. — Alabama officials are asking a federal appeals court to reinstate a controversial provision of state law that makes it a felony to provide gifts or payments for helping someone complete an absentee ballot application.
On Tuesday, attorneys from the Alabama Attorney General’s Office told a three-judge panel of the 11th U.S. Circuit Court of Appeals that a lower court was wrong to block part of the 2024 law, which they argue is needed to prevent exploitation of vulnerable voters.
The provision, currently on hold by a preliminary injunction, criminalizes receiving payment or gifts “for distributing, ordering, requesting, collecting, completing, prefilling, obtaining, or delivering a voter’s absentee ballot application.” Violations could carry penalties of up to 20 years in prison.
State vs. Voting Rights Advocates
Alexander B. Bowdre, Alabama’s deputy solicitor, defended the law, insisting it is a safeguard against manipulation. “That is more likely if you have a paid operative showing up to provide assistance,” Bowdre said. “That is less likely if the voter is able to choose someone whom they know and trust and there’s no money exchange in the equation.”
He also argued that voters are not barred from receiving help under the law, only that assistors cannot be compensated.
But challengers say the law conflicts directly with the Voting Rights Act of 1965, particularly Section 208, which guarantees voters who are blind, disabled, or unable to read or write the right to assistance from a person of their choosing.
“It’s a sweeping statute that criminalizes, with up to 20 years in prison, broad forms of absentee application assistance,” argued Anuja D. Thatte, an attorney with the NAACP Legal Defense Fund, representing the plaintiffs. She warned that under Alabama’s law, caregivers, home health aides, or employees of disability programs could be at risk of prosecution simply for helping voters complete paperwork.
The Lawsuit
The challenge was filed by the Alabama State Conference of the NAACP, the League of Women Voters of Alabama Education Fund, and the Alabama Disabilities Advocacy Program.
U.S. District Judge Liles C. Burke issued the injunction last year, ruling that the state could not enforce the ban on payments or gifts when it comes to voters with disabilities, blindness, or illiteracy. He left the rest of the law intact, including prohibitions on prefilled absentee ballot applications and on returning applications for others.
Tuesday’s hearing focused only on the payment and gift ban. The appellate judges did not indicate when they would issue a ruling.
Questions from the Bench
The panel pressed attorneys on the scope of the law. Judge Andrew Brasher, who previously served as Alabama’s solicitor general, asked whether a voter could pay someone directly to assist them. Bowdre responded that such a payment would be permissible, since that person would be considered an agent of the voter, not a third party.
Thatte countered that the law’s vague language fails to define “third party,” leaving caregivers and others uncertain whether they could face felony charges for routine assistance.
Broader Context
Alabama’s law is part of a wave of legislation passed in Republican-led states that impose new restrictions on absentee voting and voter assistance. Supporters argue such measures deter fraud and undue influence, while opponents contend they suppress access, particularly for voters with disabilities, the elderly, and communities of color.
The next steps in the case could have wide implications for the 2026 elections. If the appeals court sides with the state, individuals who provide compensated assistance to voters with special needs could face felony charges. If the injunction is upheld, those protections for vulnerable voters will remain in place.
For now, the fate of the law—and its impact on absentee voting in Alabama—rests with the three-judge panel in Atlanta.