Smith v. Bolling

On December 18, 2018, John Smith, a blind and mobility-impaired voter in Alabama, filed a federal lawsuit against Secretary of State John H. Bolling. The suit challenged Alabama’s absentee voting law, which required ballots to be signed by two witnesses or a notary public. Smith alleged that this requirement violated the Americans with Disabilities Act and the Rehabilitation Act because it forced blind voters to disclose their disability and rely on others to cast a secret ballot, depriving them of equal access and independence. The complaint argued that the state failed to provide reasonable accommodations such as electronic ballot delivery or remote accessible voting tools. The case highlighted systemic exclusion of voters with disabilities during the 2018 midterm elections.

The United States District Court for the Middle District of Alabama approved a consent decree in 2020 under which the state agreed to implement a secure electronic ballot delivery and marking system for voters with print disabilities. The permanent injunction prohibited enforcement of the witness requirement against qualified blind voters using the new accessible absentee system.

Whether Alabama’s witness/notary requirement for absentee ballots imposed an unjustifiable burden on blind and disabled voters, thereby violating Title II of the ADA and Section 504 of the Rehabilitation Act by denying them an equal opportunity to vote privately and independently.

The settlement established a landmark precedent for accessible remote voting, leading to the adoption of electronic ballot tools in several states. It significantly raised public awareness about the voting barriers faced by disabled citizens and reinforced the obligation of election officials to comply with federal disability rights mandates.