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, )

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 ) 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

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?