Last Updated: September 10, 2010 at 1:40 PM

United States v. Alabama

Case Information

Date Filed / Ended: May 1, 2006 / September 18, 2008
State: Alabama
Issue: State Voter Registration Databases
Courts that Heard this Case: U.S. District Court, Middle District of Alabama (Case 2:06-cv-00392-WKW-SRW)

Issue:

Whether Alabama has failed to comply with the Help America Vote Act by not implementing technology or procedures required to create a statewide voter registration database.

Status:

Substance of D's HAVA compliance plan accepted, timeline rejected. Court has appointed Governor Bob Riley as Special Master to administer the plan.  Final Status Report filed by the Special Master on 8/22/08.  Final Order and Judgment issued on 9/18/08.

Case Summary

In this case, the United States has brought an action to enforce the requirements of §303(a) and §303(b) of the Help America Vote Act of 2002 ("HAVA"). It is alleged that Defendants, the State of Alabama and the Alabama Secretary of State, have failed to comply with these HAVA requirements by failing to implement new technology that would create and maintain a centralized voter registration list. Specifically, Plaintiff asserts that Defendants have failed to: (1) publish any regulations regarding the creation of maintenance of a centralized voter registration list; (2) contract with any company to develop a centralized voter registration list; (3) develop technical requirements necessary for the implementation of a centralized voter registration list; (4) coordinate state agency databases with a centralized voter registration list; (5) require voter registration applicants to provide their driver license number or last four digits of their social security number; and, (6) coordinate with the Social Security Administration to match data from the centralized voter registration list with information from the federal social security number database. Accordingly, Plaintiff is now seeking declaratory and injunctive relief requiring Defendants to comply with these HAVA requirements.

District Court Documents

• Complaint (filed 5/1/06)
• Motion for Preliminary Injunction (filed 5/1/06)
• Memorandum in Support of Motion for Preliminary Injunction (filed 5/1/06)
  • Declaration of Christy A. McCormick
  • Exhibit A
  • Exhibit B >
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I
  • Exhibit J
  • Exhibit K
  • Exhibit L
  • Exhibit M
  • Exhibit N
  • Exhibit O
  • Exhibit P
  • Exhibit Q
• Order to Show Cause (entered 5/3/06)
• Defendants' Response to Plaintiff's Motion for a Preliminary Injunction (filed 5/17/06)
• Order setting Hearing on Preliminary Injunction (entered 5/26/06)
• Answer (filed 5/30/06)
• Memorandum and Order Granting Declaratory Judgment and Preliminary Injunction (entered 6/7/06)
• Submission of HAVA Plan, Analysis, and Argument (entered 6/29/06)
  • Exhibit 1
  • Exhibit 2
  • Exhibit 3
  • Exhibit 4
  • Exhibit 5
• Objection to Defendants Submission of HAVA PLAN filed by United States of America (filed 7/13/06)
  • Declaration Of Donald L. Palmer
• REPLY BRIEF to Objection to HAVA Plan filed by State of Alabama (filed 7/18/06)
• ORDER accepting substance of D's HAVA compliance plan, rejecting timeline (entered 7/21/06)
  • Court to appoint Special Master to administer plan. Hearing set for 8/02/06.
• Response to Order of July 21, 2006, concerning appointment of a Special Master, by United States of America (filed 7/25/06)
• Response to Order accepting substance of D's HAVA compliance plan, by State of Alabama (filed 7/25/06)
• MOTION to Intervene by Joe Turnham (filed 7/25/06)
• Intervenor's ANSWER to Complaint by Joe Turnham (filed 7/25/06)
• RESPONSE to MOTION to Intervene, filed by The Alabama Probate Judges Association (filed 7/28/06)
• Objection to Defendants' Proposed Order filed by United States of America (filed 7/31/06)
• RESPONSE in Opposition to MOTION to Intervene of Joe Turnham, filed by United States of America (filed 8/1/06)
• RESPONSE to MOTION to Intervene, filed by Patricia Y. Fuhrmeister (filed 8/1/06)
• MOTION to Intervene by Joe L Reed (filed 8/1/06)
• ANSWER to Complaint in Intervention by Joe L Reed (filed 8/1/06)
• ORDER denying Motions to Intervene (filed 8/2/06)
• AFFIDAVIT by Bob Riley (filed 8/4/06)
• Memorandum Opinion (entered 8/8/06)
• Memorandum Opinion and Order appointing Bob Riley in his official capacity as Governor of the State of Alabama as Special Master to develop and implement a single, uniform, official, centralized, interactive computerized statewide voter registration list in elections for federal office which complies with Section 303 of the Help America Vote Act of 2002 (entered 8/8/06)
• Motion to Clarify Memorandum Opinion and Order (filed 8/21/06)
• ORDER Re: Motion to Clarify - Plaintiff's Response to Motion is due by 8/30/2006. (entered 8/23/06)
• Plaintiffs Response to Defendants Motion to Clarify (filed 8/30/06)
• ORDER extending the deadline for the Special Master to submit his report form 9/5/2006 to 9/12/2006 (entered 9/1/06)
• NOTICE by State of Alabama, Nancy L. Worley Submission of Secretary Worley's Accounting (filed 9/1/06)
  • Affidavit of Nancy Worley
• STATUS REPORT of Special Master (September) by Bob Riley (filed 9/12/06)
• ORDER GRANTING Defendants' Motion for Clarification (entered 9/14/06)
• STATUS REPORT OCTOBER 2006 by Bob Riley (filed 10/3/06)
• ORDER that on or before 10/12/06, Defendant Nancy L. Worley, Secretary of State, shall file a complete, detailed, and verified response to the Special Master's representations in paragraphs F,G,H,I, and L of the Report (entered 10/6/06)
• Response to Order by State of Alabama, Nancy L. Worley (filed 10/12/06)
  • Exhibit A
  • Exhibit B
• Response to Order by Bob Riley (filed 10/16/06)
• ORDER directing that the Special Master shall file on or before 10/23/2006, the following documents as further set out in order (entered 10/20/06)
• ORDER setting Telephone Conference for 10/23/2006 (entered 10/20/06)
• Response to Order by Bob Riley (filed 10/23/06)
• ORDER setting Telephone Conference for 10/25/2006 (entered 10/24/06)
• MOTION to Withdraw by Margaret L. Fleming, Winfield J. Sinclair, and Misty S. Fairbanks by State of Alabama (filed 10/26/06)
• RESPONSE to Motion MOTION to Withdraw by Margaret L. Fleming, Winfield J. Sinclair, and Misty S. Fairbanks filed by United States of America (filed 10/26/06)
• ORDER granting Motion to Withdraw (entered 10/30/06)
• MOTION for Hearing and Status Conference by Nancy L. Worley (filed 11/01/06)
• ORDER granting MOTION for Status Conference filed by Nancy L. Worley; setting Status Conference for 11/9/2006 (entered 11/2/06)
• STATUS REPORT Special Master's Third (November 2006) Interim Report by Bob Riley (filed 11/07/06)
  • Exhibit A
  • Exhibit B
• ORDER that the telephone status conference, which was set for 11/9/2006 at 3:30 p.m. (CST), is CANCELLED (entered 11/9/06)
• ORDER that a Status Conference is set for 11/16/2006 (entered 11/13/06)
• Minute Entry for STATUS CONFERENCE held 11/16/06 (entered 11/16/06)
• ORDER that on or before Wednesday, November 22, 2006, Ms. Worley will produce all HAVA records, written and electronic (entered 11/17/06)
• Response to Order by Nancy L. Worley (filed 11/22/06)
  • Exhibit A
• SUPPLEMENTAL Response to Order to Produce Documents by Nancy L Worley (filed 11/28/06)
• ORDER [non-document] Due to the retirement of Judge Vanzetta P. McPherson this case has been reassigned to Judge Wallace Capel, Jr. as referral judge (entered 11/29/06)
• STATUS REPORT FOURTH INTERIM (DECEMBER 2006) by Bob Riley (filed 12/5/06)
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
• STATUS REPORT Special Master's Fifth (January 2007) Interim Report by Bob Riley (filed 1/2/07)
• MOTION to Modify Order on Motion to Clarify (Motion to Modify Ex Parte Communications Order) by State of Alabama (filed 1/4/07)
• RESPONSE to Motion to Modify Order on Motion to Clarify (Motion to Modify Ex Parte Communications Order) filed by United States of America (filed 1/16/07)
• REPLY to Response to Motion to Modify Order on Motion to Clarify (Motion to Modify Ex Parte Communications Order) filed by State of Alabama (filed 1/17/07)
  • Exhibit A
• STATUS REPORT Special Master's Sixth (FEBRUARY 2007) INTERIM REPORT by Bob Riley (filed 2/6/07)
• ORDER that the Secretary of State's membership on the Special Master's HAVA Implementation Committee is TERMINATED effective immediately. As such, the State of Alabama's Motion to Modify Ex Parte Communications Order is DENIED (entered 2/23/07)
• NOTICE by The Alabama Probate Judges Association Notice of Filing Resolution of Amicus APJA (filed 3/2/07)
  • Exhibit A
• STATUS REPORT SPECIAL MASTER'S SEVENTH (MARCH 2007) INTERIM REPORT (filed 3/5/07)
• MOTION to Substitute Attorney and Notice of Appearance (filed 3/9/07)
• ORDER granting Motion for Substitution of Counsel (entered 3/15/07)
• STATUS REPORT Special Master's Eighth (April 2007) Interim Report (filed 4/3/07)
• STATUS REPORT SPECIAL MASTER'S NINTH (MAY 2007) INTERIM REPORT (filed 5/1/07)
• First MOTION for Extension of Time to File Progress Report by Bob Riley (filed 6/5/07)
• ORDER granting Motion for Extension of Time to Submit Progress Report (entered 6/6/07)
• STATUS REPORT SPECIAL MASTER'S TENTH (JUNE 2007) INTERIM REPORT by Bob Riley (filed 6/12/07)
• MOTION for Order Request for Court Order by Bob Riley (filed 6/19/07)
• ORDER that the Special Master's Request for Court Order is GRANTED as further set out in the order (entered 6/21/07)
• STATUS REPORT SPECIAL MASTER'S ELEVENTH (JULY 2007) INTERIM REPORT (filed 7/3/07)
• STATUS REPORT SPECIAL MASTER'S TWELFTH (AUGUST 2007) INTERIM REPORT (filed 8/7/07)
• STATUS REPORT SPECIAL MASTER'S WEEKLY SUPPLEMENTAL REPORT (filed 8/14/07)
  • Exhibit: Department of Public Safety's Progress Report
• STATUS REPORT SPECIAL MASTER'S WEEKLY SUPPLEMENTAL REPORT (filed 8/21/07)
  • Exhibit: Department of Public Safety's Progress Report
• STATUS REPORT SPECIAL MASTER'S THIRD WEEKLY SUPPLEMENTAL REPORT (filed 8/28/07)
  • Exhibit: DEPARTMENT OF PUBLIC SAFETY PROGRESS REPORT
  • Exhibit: ES&S PROGRESS REPORT
• First MOTION for Extension of Deadline August 31, 2007 SPECIAL MASTER'S MOTION FOR EXTENSION OF TIME (filed 8/31/07)
• STATUS REPORT SPECIAL MASTER'S THIRTEENTH (SEPTEMBER 2007) INTERIM REPORT by Bob Riley (filed 9/4/07)
  • Exhibit
• RESPONSE to Motion re First MOTION for Extension of Deadline August 31, 2007 SPECIAL MASTER'S MOTION FOR EXTENSION OF TIME (filed 9/11/07)
• STATUS REPORT SPECIAL MASTER'S FOURTH WEEKLY SUPPLEMENTAL REPORT (filed 9/12/07)
  • EXHIBIT: PUBLIC SAFETY PROGRESS REPORT
• RESPONSE to Motion re First MOTION for Extension of Deadline August 31, 2007 (filed 9/12/07)
• ORDER re First MOTION for Extension of Time, the court grants the motion for a sixty-day extension. (entered 9/17/07)
• STATUS REPORT SPECIAL MASTER'S FIFTH WEEKLY SUPPLEMENTAL REPORT (filed 9/26/07)
  • Exhibit
• STATUS REPORT Special Master's Fourteenth (October 2007) Interim Report (filed 10/12/07)
  • Attachments 1 & 2
• Response to Order (filed 10/22/07)
• Response to Order - Special Master's Response to Court Order (filed 10/23/07)
• STATUS REPORT SPECIAL MASTER'S POST-ELECTION STATUS REPORT (filed 3/3/08)
• Response to Order & Status Report (filed 3/10/08)
• Response to Order Allowing Response to Special Master's Post Election Status Report(filed 3/10/08)
• ORDER: Status Conference (entered 7/15/08)
• ORDERED that Defendant State of Alabama shall file a proposed final order and judgment on or before 7/24/2008; all other interested parties shall file a response on or before 8/11/2008; and the defendants may file a reply on or before 8/15/2008 (entered 7/23/08)
• NOTICE regarding Order, Proposed Final Order and Judgment (filed 7/23/08)
  • Proposed Order (filed 7/23/08)
• Minute Entry for Telephone Status Conference held 7/23/08. (off the record) (PDF available for court use only) (filed 07/23/2008)
• Response to Order (filed 7/30/08)
• ORDER: There having been no objection to the proposed final order and judgment, it is ORDERED that the hearing previously set for 8/22/2008, is CANCELLED. Upon receipt of the Special Master's Final Report, the court's final order and judgment will be entered. (entered 8/18/08)
• SPECIAL MASTER'S FINAL STATUS REPORT (entered 8/22/08)
  • Exhibit A
• ORDER directing the parties TO SHOW CAUSE why the following (or substantially similar) language should not be included in the final order and judgment (entered 9/4/08)
  • Proposed Final Order and Judgment
• Response to Order regarding Order to Show Cause
  • Exhibit A (news media article)
  • Exhibit B (Attorney General Opinion)
  • Exhibit C (letter from St. Clair County Attorney)
  • Exhibit D (St. Clair County Resolution)
  • Exhibit E (St. Clair County maps)
  • Exhibit F (news media article)
• Response to Order regarding Response to Order (filed 9/15/08)
• MOTION for Leave to File Response to Amicus APJA Reply (filed 9/16/08)
• ORDER denying Motion for Leave to File Response to Amicus APJA Reply (entered 9/17/08)
• FINAL ORDER AND JUDGMENT (entered 9/18/08)
  • Appendix
  • Civil Appeals Checklist

Related Links

• Worley blames nickel for delay in statewide voter registration, Mobile Register (10/21/06) [no longer available online]
• Riley: Keep politics out voter registration system, Montgomery Advertiser (10/18/06) [no longer available online]
• e-Book: Provisional Voting
• e-Book: Voting Equipment
• Worley tells judge she's cooperating on registration plan, The Decatur Daily News (10/13/06)
• DOJ gets injunction against Alabama (Daniel P. Tokaji, posted 6/12/06)
• Voting Technology: Beyond HAVA, Beyond Paper (Daniel P. Tokaji, posted 3/14/06)