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