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