Election Day may be long gone—but a court case on how Alabama wants to handle voting is still being considered. The measure is known as SB-1 and it would regulate how people can help voters with disabilities cast their ballots. Advocates say, no matter how the court case goes, the debate over the new law is focusing the spotlight on voters facing unique challenges.
“What often happens when laws pass that harm disabled people is they don't , realize the negative impact until they themselves are affected,” says Dom Kelly. He’s the co-founder of the advocacy group New Disabled South. Kelly is referring the new Alabama law called SB-1. It limits how people can provide assistance to disabled voters. Kelly says the result is fear among Alabamians with physical challenges.
“They're afraid of being charged,” he said. “They're afraid of what might happen, should they receive assistance with doing something like, you know, casting their vote, which is a given right to any eligible citizens in this country.”
Kelly says the people impacted by SB-1 may live in skilled care facilities or nursing homes and need help to cast absentee ballots. There was reportedly a record number of voters who chose to pick candidates in the 2020 Presidential election. Kelly says the roadblocks SB-1 would create just adds to the problems that disabled people face on election day.
“If you're a wheelchair user, for example, your polling place might be at a church or a house of worship, and those houses of worship are typically, are actually exempt from the ADA legally,” Kelly pointed out. “So oftentimes, while polling places are legally supposed to be accessible, people will show up to a place like a church, and it's not actually accessible.”
And, then there are the specifics of SB-1
“It looks to me like this is an attempt at voter suppression,” said Montre Corodine with the University of Alabama School of Law.
“So, I teach race, racism in the law classes, law and popular culture, and evidence,” she said.
And, Corodine calls attention to the motives behind SB-1
“I think that certain lawmakers are concerned about voters who wouldn't vote the way they want them to vote, who wouldn't vote the way those lawmakers want them to vote. This bill looks to me to be sponsored entirely by Republicans, given the history of this state, it looks to me like this is an attempt at voter suppression to keep minorities and others who are aligned with Democratic positions to to keep them from voting,” she observed.
That’s not how supporters of SB-1 feel. Secretary of State Wes Allen issued a statement to Alabama Public Radio stating “SB1 provides Alabama voters with strong protections against activists who profit from the absentee elections process.” While all sides continue arguing in court, Dom Kelly continues speaking out in support of disabled voters. That includes illiteracy
“Absolutely I mean, there are, there are all sorts of levels of literacy and and for some people, that may be because of an intellectual or. Developmental disability,” ssaid Kelly. “We serve people with all disabilities, mental health disabilities, you know, just you name it, if, if you identify as disabled, we we serve you.”:
The University of Alabama’s Statewide Literacy Center classifies around 15% of residents as illiterate. Some estimates put the number in Alabama as high as twenty five percent. The fate of SB-1 remains in the federal courts. A preliminary injunction is reportedly still in effect until the case is concluded.
Editor's note— The legal challenge over SB-1 is between the NAACP and the State of Alabama. APR news offered both sides the chance to comment on the case. The State Attorney General's Office has not responded. Below are comments from the NAACP.
"The Alabama NAACP continues to fight for voting rights in the courts and at the ballot box. SB1 is one of the bills that the legislature passed last year that attempts to prevent the most vulnerable populations from being able to exercise their right to vote. Some of these individuals are veterans who are unable to go to the polls and need assistance with their absentee application and ballot. The Alabama NAACP believes that Alabama should pass laws for early voting and make it easier to vote."
