The National Federation of the Blind of Alabama et al v. Allen

Filed on March 15, 2023, in Alabama, this federal civil rights lawsuit was brought by blind and disabled voters and advocacy groups against Secretary of State Wes Allen. The plaintiffs argued that Alabama's absentee voting program, specifically the requirement for voters to handwrite their ballot or rely on a sighted notary or witness, violates Title II of the Americans with Disabilities Act (ADA). They contended the system denied blind, low-vision, and print-disabled individuals the right to vote privately and independently, as they were forced to disclose their choices to a third party. The suit sought a permanent injunction requiring the state to provide an accessible electronic absentee voting option.

The court found that Alabama's absentee ballot program violates Title II of the ADA by denying blind and print-disabled voters an equal opportunity to vote privately and independently. A permanent injunction was issued, compelling the state to implement an accessible electronic ballot delivery and marking system to ensure compliance with federal disability law.

Whether Alabama's absentee voting system, which mandates a handwritten paper ballot process without an accessible electronic alternative, discriminates against voters with visual and print disabilities, thereby violating the ADA's guarantee of equal opportunity to vote privately and independently.

The ruling reinforced the application of the ADA to all aspects of state voting, including absentee programs, mandating that accessibility must be integrated into voting systems. It served as a precedent for disability rights advocates challenging similar barriers in other states, affirming that the right to a secret, independent vote extends to citizens with disabilities through the use of modern technology.