Alabama has a longstanding history and ongoing record of racial discrimination in voting and beyond. The state has also played an historic role in U.S. voting rights as the site of the 1965 Selma to Montgomery march and brutal beating of John Lewis and other civil rights foot soldiers on the Edmund Pettis Bridge, which led directly to the passage of the federal Voting Rights Act of 1965.
Alabama can look to the future and begin a new chapter of the state’s history on voting rights by enacting the Alabama Voting Rights Act (“ALVRA”) (SB 7). With protections from the Voting Rights Act of 1965 being weakened or eliminated by the Supreme Court, the ALVRA is needed to protect the freedom to vote for every citizen in Alabama.
The ALVRA builds on the foundations of the federal Voting Rights Act of 1965, as well as successful state Voting Rights Acts enacted in New York, Connecticut, Minnesota, California, Oregon, Washington, and Virginia.
Black Alabamans and other voters of color face severe racial discrimination in voting. In Allen v. Milligan, one of the most significant voting cases in recent history, the United States Supreme Court ruled in favor of Black voters, represented by LDF, that Alabama had likely violated the federal Voting Rights Act by designing a plan for representation in Congress where the state’s robust Black population had the chance to elect their chosen candidate in only one of seven districts. Even after the Court ruled in favor of Black voters, the Alabama Legislature enacted a second discriminatory districting plan, which was rejected again by a federal court.
This landmark opinion, and Alabama’s subsequent attempt to skirt the ruling, follows a long history of racial discrimination in voting in Alabama. In the early 20th century, Alabama legislators had declared Black disenfranchisement a policy goal, with the 1901 Constitution mandating literacy tests and a poll tax, drastically reducing the number of Black registered voters. Throughout the 20th century, Alabama’s discriminatory voter registration practices faced numerous legal challenges. Federal courts struck down various voting restrictions, including those favoring white applicants. However, these discriminatory laws persisted, leading to significant barriers for Black voters, such as restrictions on absentee voting and a ban on voter assistance.
The Voting Rights Act of 1965 brought federal oversight to Alabama’s voting changes. Between 1965 and 2013, more than 100 voting changes proposed by state and local officials were denied preclearance due to their potential to disenfranchise Black voters. Statewide and local redistricting plans have been struck down in each of the last seven redistricting cycles, with federal courts frequently ruling that plans were designed to diminish Black electoral strength.
Today, Alabama maintains some of the most restrictive voting laws in the nation, including onerous requirements for absentee voting, a lack of provisions for early voting, and draconian felony disenfranchisement laws. Voting discrimination is especially pervasive at the local level: For example, for decades, the white mayor and other officials in the Town of Newbern, Alabama—a predominantly Black town—appointed white successors rather than holding elections. Black voters, represented by LDF, had to file suit in federal court to force the town to hold elections.
Confronting barriers that suppress the right to vote in a way that is efficient and effective for both voters and local governments within the state.
Preventing vote dilution at the local level, which occurs in unfair districts or at-large elections that prevent Black voters and other voters of color from having a real chance to elect the candidates they prefer.
Launching a preclearance program administered by a new independent Alabama Voting Rights Act Commission. This program will require local governments with records of discrimination to prove that certain voting changes won’t harm voters of color before they can go into effect.
Implementing a central public repository for election and demographic data with the goal of fostering transparent, evidence-based practices in election administration.
Providing automatic voting rights restoration, same-day voter registration, and expansion of absentee ballot access
With the protections from the Voting Rights Act of 1965 weakened or eliminated by the U.S. Supreme Court, the Alabama Voting Rights Act is needed to provide critical protections for Alabama voters. Americans gave their lives to protect our fundamental right to vote and our country is stronger when everyone has an equal opportunity to vote. By adopting the Alabama Voting Rights Act, we can protect our freedom to vote and build a democracy that works for all.
Voting Rights
State VRAS can provide key protections to their constituents that prevent and guard against discriminatory voting practices and policies. Learn more about LDF’s work to advance state VRAs
LDF Original Content
A tandem approach of restoring and expanding federal voting rights legislation along with passing individual state VRAs is essential for providing the most robust voting protections for all voters.
LDF Original Content
In October 2022, LDF returned to the Supreme Court to successfully defend Alabama voters challenging the state’s discriminatory congressional map.
LDF Reports
2020 saw a dramatic increase in attempts to suppress the vote of Black, Latino, and other minority-community voters. Democracy Defended captures and analyzes LDF’s work during the 2020 election season in 10 states — Alabama, Florida, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Pennsylvania, South Carolina, and Texas. The report provides documentation of barriers faced by Black voters and solutions for policy makers, election administrators, and community members to implement to ensure fair access to the vote in future elections.
In 2022, LDF conducted civic engagement, election monitoring, and advocacy efforts in seven southern states: Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas. Our monitoring and advocacy work identified that limitations on the ability of Black voters to access the ballot and have their votes counted remained a prominent factor in U.S. elections. This report incorporates just some of the data points and observations conveyed during elections in LDF’s target states in 2022.
