Alabama Attorney General Steve Marshall joined a coalition of 20 states on Mar. 20 in asking the U.S. Supreme Court to overturn a federal appellate decision that invalidated Pennsylvania’s requirement for voters to handwrite the date on mail-in ballots. The group, led by Missouri and supporting the Republican National Committee, argues that the lower court exceeded its authority by striking down what they describe as a commonsense election integrity measure.
The issue is significant because it addresses how much control states have over their own election laws and whether federal courts should intervene in non-burdensome regulations. The coalition claims that the Constitution gives state legislatures primary responsibility for managing elections, which includes measures aimed at preventing fraud.
In their brief, the states argue that the U.S. Court of Appeals for the Third Circuit’s decision in Eakin v. Adams County Board of Elections could set a precedent allowing federal courts to invalidate reasonable state election rules. “The Founders were clear that states control elections. When federal courts decide they know better and start striking down commonsense election laws that do not significantly burden anyone’s right to vote, that’s a power grab. We’re fighting back,” said Attorney General Steve Marshall.
The coalition further notes that the Supreme Court has never ruled that non-discriminatory ballot-casting regulations are an undue burden on voting rights. They warn that if left unchallenged, the Third Circuit’s reasoning could threaten other state-level election integrity requirements.
Marshall has served as Alabama’s forty-eighth attorney general since his swearing-in on Feb. 10, 2017, according to the official website. The Alabama Attorney General office functions as the state’s chief law enforcement agency with statewide jurisdiction and provides legal representation across all counties according to its official website. The office also works to enhance safety through initiatives targeting violent crime and supporting victims according to its official website, and it received recognition as a Hometown Hero from the Alabama League of Municipalities during the pandemic according to its official website.
The Alabama Attorney General office has influenced policy through successful defenses in high-profile cases such as upholding convictions under the Brody Act before the Alabama Supreme Court according to its official website.