United States of America v. The State of Alabama et al

Filing 121

JUDGMENT directing as follows: (1) Plaintiff United States of America's motion for summary judgment (doc. no. 83 ) is granted; (2) Defendants State of Alabama and Alabama Secretary of State's motion for summary judgment (doc. no. 81 ) is denied; (3) Summary judgment is entered in favor of plaintiff United States of America and against defendants State of Alabama and Alabama Secretary of State; (4) It is DECLARED that UOCAVA's 45-day transmittal requirement, 42 U.S.C. § 1973 ff-1(a)(8)(A), applies to federal runoff elections; (5) It is DECLARED that Alabama's runoff statute, 1975 Ala. Code § 17-13-18, violates UOCAVA's 45-day transmittal requirement to extent the state statute requires that a federal runof f election occur within 42 days of a primary; (6) The parties are allowed 14 days from the date of this judgment to propose or request any additional relief; further ORDERED that costs are taxed against defendants State of Alabama and Alabama Secreta ry of State, for which execution may issue; the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 2/11/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )

Download PDF
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION UNITED STATES OF AMERICA ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. THE STATE OF ALABAMA and JIM BENNETT, in his official capacity as Secretary of State of Alabama, Defendants. CIVIL ACTION NO. 2:12cv179-MHT (WO) JUDGMENT In accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff United States of America’s motion for summary judgment (doc. no. 83) is granted. (2) Defendants State of Alabama and Alabama Secretary of State’s motion for summary judgment (doc. denied. no. 81) is (3) Summary judgment is entered in favor of plaintiff United States of America and against defendants State of Alabama and Alabama Secretary of State. (4) It is DECLARED that UOCAVA’s 45-day transmittal requirement, 42 U.S.C. § 1973ff-1(a)(8)(A), applies to federal runoff elections. (5) It is DECLARED that Alabama’s runoff statute, 1975 Ala. transmittal Code § 17-13-18, requirement to violates extent UOCAVA’s the state 45-day statute requires that a federal runoff election occur within 42 days of a primary. (6) The parties are allowed 14 days from the date of this judgment to propose or request any additional relief. It is further ORDERED that costs are taxed against defendants State of Alabama and Alabama Secretary of State, for which execution may issue. 2 The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 11th day of February, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?