United States of America v. The State of Alabama et al
Filing
164
JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The defendants' 163 Unopposed Motion for Entry of Order is granted. (2) The defendants' 153 Motion for Relief from Judgment and Order is granted as follows. ( a) Paragraph 5 of this courts 2/11/2014, judgment (doc. no. 121 ) is vacated. (b) This courts 3/4/2014, consent order (doc. no. 124 ) is vacated. (c) This courts 3/14/2014, consent order (doc. no. 127 ) is vacated.(d) This courts 5/4/2015, order ( doc. no. 152 ) is vacated. (e) This courts holding that UOCAVAs 45-day advance-transmission deadline, 52 U.S.C. § 20302(a)(8), applies to federal runoff elections, which was in all respects affirmed by the Eleventh Circuit Court of Appeals in U nited States v. Alabama, 778 F.3d 926 (11th Cir. 2015), remains in full force and effect. (f) Alabama may implement Act No. 2015-518 consistent with UOCAVAs 45-day advance-transmission deadline for federal runoff elections. (g) On or before 11/18/201 5, defendant Secretary of State shall notify this court as to whether three or more candidates have qualified with a single political party having ballot access in Alabama for a federal race other than the Presidency. (h) In the event that three or m ore candidates qualify with a single party for a federal race on Alabamas ballot (other than the Presidency), the defendants and the United States shall promptly begin developing a plan regarding reportingrequirements for the potential runoff electio n. (i) The defendants and the United States shall notify the court of their plan regarding runoff reporting on or before 12/19/2015. (j) Consistent with this courts prior remedialorder (doc. no. 119 ), in the event that a federal special election is scheduled to be held later this year or next year, the defendants and the United States will confer about the timing and content of reporting for the primary and general election, as well as for any potential runoff election.Reporting will be requir ed. (k) On or before 11/4/2015, the defendants and the United States shall notify the court of their agreement or their respectivepositions as to the United States request for training and the filing of regulations with this court. Signed by Honorable Judge Myron H. Thompson on 10/5/2015. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
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
)
JOHN H. MERRILL, Secretary )
of State of Alabama, in
)
his official capacity,
)
)
Defendants.
)
CIVIL ACTION NO.
2:12cv179-MHT
(WO)
JUDGMENT
Before the court are the defendants’ Rule 60 motion
for relief from judgment and order, the United States’
response thereto, and the defendants’ unopposed, timesensitive
motion
for
entry
of
order.
Upon
consideration of the same, it is the ORDER, JUDGMENT,
and DECREE of the court as follows:
(1) The defendants’ unopposed motion for entry of
order (doc. no. 163) is granted.
(2) The defendants’ motion for relief from judgment
and order (doc. no. 153) is granted as follows.
(a) Paragraph 5 of this court’s February 11,
2014, judgment (doc. no. 121) is vacated.
(b) This court’s March 4, 2014, consent order
(doc. no. 124) is vacated.
(c) This court’s March 14, 2014, consent order
(doc. no. 127) is vacated.
(d) This court’s May 4, 2015, order (doc. no.
152) is vacated.
(e) This court’s holding that UOCAVA’s 45-day
advance-transmission
deadline,
52
U.S.C.
§ 20302(a)(8), applies to federal runoff elections,
which was in all respects affirmed by the Eleventh
Circuit
Court
of
Appeals
in
United
States
v.
Alabama, 778 F.3d 926 (11th Cir. 2015), remains in
full force and effect.
(f)
Alabama
consistent
may
implement
with
advance-transmission
Act
No.
2015-518
UOCAVA’s
deadline
elections.
2
for
federal
45-day
runoff
(g) On or before November 18, 2015, defendant
Secretary of State shall notify this court as to
whether
three
or
more
candidates
have
qualified
with a single political party having ballot access
in
Alabama
for
a
federal
race
other
than
the
Presidency.
(h) In the event that three or more candidates
qualify with a single party for a federal race on
Alabama’s ballot (other than the Presidency), the
defendants
begin
and
the
developing
United
a
plan
States
shall
regarding
promptly
reporting
requirements for the potential runoff election.
(i) The defendants and the United States shall
notify the court of their plan regarding runoff
reporting on or before December 9, 2015.
(j) Consistent with this court’s prior remedial
order (doc. no. 119), in the event that a federal
special election is scheduled to be held later this
year or next year, the defendants and the United
3
States will confer about the timing and content of
reporting for the primary and general election, as
well
as
for
any
potential
runoff
election.
Reporting will be required.
(k)
On
or
before
November
4,
2015,
the
defendants and the United States shall notify the
court
of
positions
their
as
to
agreement
the
United
or
their
States’
respective
request
for
training and the filing of regulations with this
court.
DONE, this the 5th day of October, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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