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Roe v. State of Alabama (Roe I)

43 F.3d 574 (1995)

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Roe v. State of Alabama (Roe I)

United States Court of Appeals for the Eleventh Circuit
43 F.3d 574 (1995)

  • Written by Philip Glass, JD

Facts

Roe, Hooper, and Martin (plaintiffs) brought this suit against the State of Alabama (defendant). Alabama Election Code § 17-10-7 required notarization and witnessing of absentee ballots. However, the circuit court compelled the inclusion of noncompliant absentee ballots. This order occurred directly subsequent to the November 8 general election. Roe, Hooper, and Martin brought suit on the basis that this post hoc disregard of Alabama's law violated the Fourteenth and Fifteenth Amendments to the United States Constitution. The district court enjoined the order. The United States Court of Appeals for the Eleventh Circuit heard this appeal.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Edmondson, J.)

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Election Law

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