Alabama: state supreme court denies stay on felon-voting case
The Alabama Supreme Court has denied a stay (sought by the Secretary of State) in Gooden v. Worley, in which the plaintiffs prevailed in the trial court and obtained an order requiring boards of registrars to follow the state constitution.
The Constitution of Alabama provides that those convicted of felonies "involving moral turpitude" are not allowed to register to vote. The plaintiffs alleged and proved that registrars were routinely denying all persons convicted of any felony the right to register.
The trial court (Circuit Judge Robert S. Vance, Jr.) had granted relief to the plaintiffs, including a requirement that registrars obey the Constitution. For some reason, the State sought a stay of this common-sense requirement.
Ryan Haygood of the NAACP Legal Defense Fund and I represent the plaintiffs in this case.
Update:
The Birmingham News reports: The Alabama Supreme Court has cleared the way for people who have been convicted of felonies such as DUI, attempted burglary and liquor law violations to register to vote.
In a 5-4 decision released Thursday, the court denied the state of Alabama's request to stay a portion of Jefferson County Judge Robert Vance's August ruling that allowed all felons to vote. The portion required the Secretary of State and Jefferson County's registrar to stop refusing voter registration to people who have been convicted of crimes that do not involve moral turpitude.
Vance had ruled that all voter registrars in Alabama counties must allow all felons to register to vote until the State Legislature passes a law that defines crimes of moral turpitude. Vance had said state law does not define such crimes, and the state constitution holds that those guilty of crimes of moral turpitude forfeit the right to vote. -- Court clears some felons to vote