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WARD v. ALABAMA

Nos. Civ.A. 98-D-1156-N, Civ.A. 98-T-1181-N.

31 F.Supp.2d 968 (1998)

Avery L. WARD, et al., Plaintiffs, v. State of ALABAMA, et al., Defendants. The United States of America, Plaintiff, v. State of Alabama, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

December 17, 1998.

Attorney(s) appearing for the Case

James U. Blacksher, Birmingham, AL, Marvin H. Campbell, Montgomery, AL, J. Gerald Hebert, Alexandria, VA, Edward Still, Lawyers' Committee for plaintiffs.

Janet Reno, Elizabeth Johnson, U.S. Department of Justice, Civil Rights Division, Washington, DC, Redding Pitt, U.S. Attorney, U.S. Attorney's Office, Montgomery, AL, Bill Lann Lee, U.S. Department of Justice, Civil Rights Division, Housing & Civil Enforcement Section, Washington, DC, for The United States of America, consolidated plaintiff.

Before EDWARD E. CARNES, Circuit Judge, MYRON H. THOMPSON, District Judge, and IRA DE MENT, District Judge.

MEMORANDUM OPINION

CARNES, Circuit Judge.

This is a section 5 preclearance case, see 42 U.S.C. § 1973c, involving a 1996 amendment to Alabama's absentee voting laws. The provision in question, which is contained in section 3 of Act No. 96-885, now codified as Ala.Code § 17-10-5(a) (Michie Supp.1997), changed the law so that absentee ballots could no longer be mailed to the address where a voter regularly receives mail, if it is different...

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