Don Davis, as Judge of Probate of Mobile County v. Jim Bennett, as Secretary of State

Summary

The court held that the Secretary of State's fail-safe voting regulation was void because it conflicted with Alabama statutes requiring voters to cast ballots at the polling place designated for their domicile. The court concluded that federal law did not require Alabama to permit voters who had moved within the same county to vote by regular ballot at their former polling place because Alabama law provided the federally contemplated alternative of voting at the polling place for the voter's current residence. The circuit court's judgment was reversed and the case was remanded. No separate opinions were filed.