Alabama passes 11th-hour congressional gerrymander, despite active election

The Alabama Senate gave final approval Friday to a congressional gerrymandering plan designed to strip Black voters of political representation and upend an active primary election — even though voters have already begun casting absentee ballots.

Gov. Kay Ivey (R) immediately signed the measure into law, along with a second bill redrawing the state senate map.

The measure won’t immediately go into effect. Alabama is currently bound by a legal agreement to use its court-ordered congressional map until 2030, and it can only implement the redistricting legislation if federal courts lift the injunction.

During the session, state Sen. Rodger Smitherman (D) condemned his Republican colleagues for ramming through the bill. He said they were playing with Black people’s lives for the sake of politics.

“You get offended when people tell you what’s really going on. You don’t want people to say anything that’s going to hurt your feelings,” he said. “But you want to destroy Black people’s whole existence.”

Alabama is one of four Southern states that have raced to redraw maps this week after the U.S. Supreme Court’s (SCOTUS) conservative majority gutted the landmark Voting Rights Act (VRA).

On Thursday, Tennessee enacted a new map carving up the state’s only majority-Black and Democratic-held congressional district. Louisiana and South Carolina are also currently in the process of dismantling their states majority-Black districts in response to SCOTUS’ ruling.

If the injunctions are lifted by federal courts, the Alabama bill would allow the state to use a congressional map that was previously struck down by those courts under Section 2 of the VRA — the very provision the SCOTUS majority gutted last week. 

State officials have filed multiple requests with federal courts asking that the injunctions be lifted immediately so the state can use congressional and state senate maps that were previously struck down for violating Section 2 of the Voting Rights Act. 

The bill authorizes the state to stop its May 19 primary election and instead call a special primary election if the courts allow it to proceed. 

During the session, Smitherman also rebuked the bill’s sponsor, state Sen. Greg Albritton (R).

“I can’t find anybody in here that’s got the courage to stand up for what’s right and wrong. We talk about partisanship,” he said. “Partisanship has nothing to do with equal protection and people having an opportunity to have representation.”

“You can use any word that you want to use,” Smitherman continued, “but the action is that you are denying Black people an opportunity to participate who had to die to just have the right to vote and pick the person they want.”

Democrats also spoke directly to the voters of Alabama, calling on them to recognize the historic significance of the GOP maneuver and the impact it will have on Black communities.

“I don’t know what the future is going to look like for the Alabama legislature after this,” state Sen. Vivian Davis Figures (D) said. “But I do, and will, say to the people of Alabama: We’re going to have to rise up. We’re going to have to wake up. We’re going to have to get up and let our voices be heard at the polls.”

Figures said she had a panic attack earlier in the week when a tornado alert was issued and Alabama legislators evacuated while holding a redistricting vote.

“I said, ‘God is trying to tell y’all something. He’s sending a warning,’” Figures said. “It was a lot of chaos in here….They said I had a panic attack. I’ve never had one before. But it was nothing but stress because my heart is so heavy with what’s going on right now. I don’t know how people who call themselves a Christian could treat other people the way they are doing right now. God as my witness, it’s going to be alright.”

Senate Democrats also blasted Republicans for passing eleventh-hour legislation so late in the election cycle that, if it goes into effect, there will not be enough time for a runoff before the November election is held. 

The Alabama House took a final vote Friday approving a similar bill impacting state senate districts, sending the measure to the governor.  

This story has been updated with new information.