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1 Robert Timothy Reagan, et al., Timely Overseas Ballots in Alabama 1 (2018)

handle is hein.congcourts/fjctovb0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Timely Overseas Ballots in Alabama United States v. Alabama (Myron H. Thompson, M.D. Ala. 2:12-cv-179) The U.S. Department of Justice alleged violations by Alabama of the Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA), as amended by the Military and Overseas Voter Em- powerment Act of 2009 (MOVE Act), respecting timely distribu- tion of absentee ballots for a March 2012 primary election. A week- end and two court days later, the district judge ordered the parties to submit a remedy plan within four days. A few days before the election, the judge extended the deadline for casting overseas ballots and ordered publication of the revised overseas absentee voting procedures. The judge ordered permanent changes to the election timetable in 2014 and closed the case in 2017. Subject: Absentee and early voting. Topics: Absentee ballots; Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); primary election; instant runoff. The U.S. Department of Justice filed a federal complaint in the Middle Dis- trict of Alabama on Friday, February 24, 2012, alleging violations of the Uni- formed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA),' as amended by the Military and Overseas Voter Empowerment Act of 2009 (MOVE Act),2 respecting timely distribution of absentee ballots for the March 13 primary election.' On Monday, the Department filed a motion for a temporary restraining order and a preliminary injunction. Judge Myron H. Thompson scheduled a telephone conference for 7:00 the following morning.' At a hearing on Tuesday, Judge Thompson concluded that Alabama had failed to meet the requirement of sending absentee ballots overseas at least 45 days before a federal election.6 Judge Thompson ordered the parties to sub- 1. Pub. L. No. 99-410, 100 Stat. 924, as amended, 52 U.S.C. §§ 20301-20311 (2016). See generally Robert Timothy Reagan, Overseas Voting: The Uniformed and Overseas Citizens Absentee Voting Act (Federal Judicial Center 2016). 2. National Defense Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 Stat. 2190, 2318-35. 3. Complaint, United States v. Alabama, No. 2:12-cv-179 (M.D. Ala. Feb. 24, 2012), D.E. 1; United States v. Alabama, 778 F. 3d 926, 928, 930-31 (11th Cir. 2015); United States v. Alabama, 998 F. Supp. 2d 1283, 1287 (M.D. Ala. 2014); United States v. Alabama, 857 F. Supp. 2d 1236, 1237-38 (M.D. Ala. 2012); see Feds Sue Alabama Over Absentee Ballot Issues, Mobile Press-Register, Feb. 25, 2012, at A6; Scott Johnson, US Sues Ala. Over Military, Over- seas Ballots Sent Late, Montgomery Advertiser, Feb. 27, 2012. 4. Motion, United States v. Alabama, No. 2:12-cv-179 (M.D. Ala. Feb. 27, 2012), D.E. 5. 5. Docket Sheet, id., (Feb. 24, 2012); see Transcript, id. (Feb. 28, 2012, filed Feb. 11, 2013), D.E. 56. 6. Opinion, id. (Feb. 28, 2012), D.E. 8, 2012 WL 642312. Federal Judicial Center 12/20/2018 1

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