Alabama Supreme Court weighs felony liability for paid help to disabled absentee voters
The Alabama Supreme Court is reviewing whether nonprofits and paid aides could be charged with felonies for assisting disabled voters with absentee ballot applications under the new SB1 law.
On Wednesday, the Alabama Supreme Court adjourned after hearing a certified question from the 11th Circuit concerning the scope of SB1, a 2024 statute that makes it a crime to submit someone else’s absentee ballot application or to compensate anyone for such help. The law mirrors language from Section 208 of the federal Voting Rights Act, which guarantees voters the right to select a person of their choice to assist them.
Civil-rights attorney Anuja D. Thatte contended that the exemption in subsection E must cover both the act of filing and the payment for assistance, warning that a narrow reading would chill essential help for blind, disabled or low-literacy voters. The state, represented by Solicitor General Alexander Barrett Bowdre, argued the exemption serves as a backstop but should not erase restrictions on organizations paying dedicated assistors, distinguishing between paid campaign workers and unpaid neighbors or aides.
Justices debated whether the exemption should be deemed “coextensive” with the federal provision and how far it extends. The court’s decision will be referred back to the 11th Circuit, which is also considering a preliminary injunction on the law’s enforcement, potentially shaping the availability of organized assistance for thousands of Alabamians.
Why it matters
The ruling will decide if vulnerable voters can rely on paid or nonprofit help to complete absentee ballots without facing felony charges.
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