Alabama High Court Considers Criminal Penalties for Helping Absentee Voters

The Alabama Supreme Court is weighing whether workers and volunteers face felony penalties under state law for helping disabled, blind, or low-literacy residents submit absentee ballot applications. During oral arguments on Wednesday, the justices took under submission a certified question sent by the 11th U.S. Circuit Court of Appeals concerning the proper interpretation of a 2024 statute known as SB1.

Under SB1, it is a crime to turn in someone else’s completed absentee ballot application, or to give or receive money or gifts for providing such assistance. However, the measure also includes language mirroring Section 208 of the federal Voting Rights Act, providing that individuals who need assistance may receive help from a person of their own choice. The high court’s interpretation will determine how far the state’s exemptions reach before the federal appeals court rules on the law’s enforceability.

Dispute Over Broad Protections Versus Targeted Bans

Civil rights and disability advocacy organizations argue that the law’s voter-assistance exemption, located in subsection E, acts as an independent safeguard. Anuja D. Thatte, an attorney with the Legal Defense Fund representing the groups, told the justices that lawmakers deliberately placed the exemption without restricting it to only one part of the statute. She argued that limiting the protection strictly to submitting forms, while continuing to penalize paid assistance, would make the exemption ineffective against serious felony charges.

Solicitor General Alexander Barrett Bowdre, representing the Alabama Attorney General, contended that while the exemption acts as a backstop, it does not erase the law’s core prohibitions. Bowdre stated that the statute specifically targets groups paying individuals solely to gather and assist voters, notably in nursing homes. Under the state’s position, general staff such as home health aides who receive broad compensation can still help patients, but paying campaign or organization workers specifically to assist with absentee applications remains illegal.

What the Legal Review Means for Alabama Voters

For thousands of Alabama residents who rely on assistance due to vision loss, physical disabilities, or reading challenges, the case directly impacts who can help them cast an absentee ballot. The primary issues include:

• Choosing trusted helpers: Federal law generally allows voters who need assistance to pick the person who helps them, but the state seeks to stop organizations from deploying paid staff as assistors.
• Unpaid help remains permitted: Family members, neighbors, and unpaid volunteers are not barred from assisting voters under the state’s reading of the statute.
• Caregiver roles: Aides paid for general healthcare or domestic duties are not meant to be targeted, according to state officials, so long as they are not paid specifically to handle absentee forms.
• Pending federal review: The 11th Circuit is currently weighing whether the state statute conflicts with and is preempted by federal voting protections, with enforcement previously paused under a preliminary injunction.

Next Steps in the Federal Appeals Process

Once the Alabama Supreme Court issues its ruling clarifying how the state statute operates, the certified question will head back to the 11th Circuit. Federal judges will then decide whether Alabama’s restrictions are preempted by Section 208 of the Voting Rights Act and whether to maintain the preliminary injunction blocking enforcement of the statute.

Because voting laws carrying felony penalties involve significant legal risks for both voters and organizers, individuals and advocacy groups unsure about who may legally assist with election forms can benefit from discussing specific situations with a qualified defense or civil rights attorney.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 14, 2026.