United States of America v. The State of Alabama et al
Filing
168
ORDER GRANTING the 167 MOTION to Amend Deadlines as follows: (1) Paragraph V.2. of the 119 remedial order is amended such that, for the 2016 primary election only, the deadline for providing certifications to counsel for the United States shall be the 42nd day before the election; (2) Paragraph V.2. of the 119 remedial order is amended such that, for the 2016 primary election only, the deadline for the State to compile the data from the county certifications into a spreadsheet f ormat devised in consultation with the United States and to file both the county certifications and the spreadsheet electronically with the court shall be the 40th day before the election. Signed by Honorable Judge Myron H. Thompson on 11/25/15. (djy, )
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)
ORDER
Before
the
court
is
the
defendants’
motion
to
extend by one day each of two deadlines in this court’s
January
2014
remedial
order
(doc.
no.
167).
The
motion, which provides that, “For good cause shown, any
party may move to amend [it],” is unopposed.
For good
cause shown, the Court will grant the motion as set out
below.
The
State
of
Alabama
deadline extensions.
has
moved
for
two
modest
First, the State moves to amend
paragraph V.2. of the remedial order to provide that,
for the 2016 primary election only, the deadline for
providing
certifications
States
shall
namely
Tuesday,
extension
is
be
the
to
42nd
January
counsel
day
19,
necessary
for
before
2016.
because
the
the
the
United
election,
This
one-day
deadline
would
otherwise fall on Martin Luther King Jr.’s Birthday, a
state and federal holiday.
Second, the State moves to amend paragraph V.2. of
the
remedial
order
to
provide
that,
for
the
2016
primary election only, the deadline for the State to
compile the data from the county certifications into a
spreadsheet and to file both the certifications and the
spreadsheet shall be the 40th day before the election,
namely
Thursday,
extension
allows
January
the
21,
State
2016.
the
This
originally
one-day
intended
amount of time to compile the data into the spreadsheet
and follow up on any certifications as may be needed.
It also acknowledges that a special election to fill a
vacancy in House District 80 has been set for Tuesday,
2
January 19, 2016, which has the potential to require
attention
from
the
Secretary
of
State’s
elections
staff.
The
United
States
does
not
oppose
the
State’s
request for these one-day extensions.
***
Accordingly, it is ORDERED that the motion to amend
deadlines (doc. no. 167) is granted as follows:
(1) Paragraph V.2. of the remedial order (doc. no.
119)
is
amended
election
such
only,
that,
the
for
deadline
the
2016
for
primary
providing
certifications to counsel for the United States shall
be the 42nd day before the election.
(2) Paragraph V.2. of the remedial order (doc. no.
119)
is
amended
such
that,
for
the
2016
primary
election only, the deadline for the State to compile
the
data
spreadsheet
United
from
the
format
States
county
devised
and
to
in
certifications
consultation
file
3
both
the
into
with
a
the
county
certifications and the spreadsheet electronically with
the court shall be the 40th day before the election.
DONE, this the 25th day of November, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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