Alabama GOP approves special primary elections for potential new congressional maps
Alabama GOP approved legislation Friday allowing Gov. Ivey to schedule special primary elections for affected congressional districts if courts redrawn maps.
Objective Facts
Alabama lawmakers approved Friday plans for special primary elections if courts allow GOP-drawn House districts to be used in the November midterm elections, with the legislation signed quickly into law by Republican Gov. Kay Ivey. The new law would ignore the May 19 primary results for some congressional seats and direct the governor to schedule a new primary under revised districts, if a court allows it. The legislation would have no effect unless the courts reverse a previous ruling requiring Alabama to have a second district where Black voters make up close to a majority — a decision that ultimately led to Rep. Shomari Figures's (D-Ala.) election in 2024. The Alabama legislation is part of an effort by Republicans in Southern states to capitalize quickly on a recent U.S. Supreme Court ruling that significantly weakened Voting Rights Act protections for minorities. Alabama filed an emergency appeal at the US Supreme Court on Friday asking the justices to allow the state to revert to a congressional map with one majority-Black district, with state officials rushing up to the court late Friday asking it to halt a lower court ruling that has blocked it from using a map it enacted in 2023.
Left-Leaning Perspective
Left-leaning outlets and Democratic critics framed Alabama's approval of special primary legislation as a direct assault on Black voting rights. Democracy Docket described Alabama as passing an "11th-hour congressional gerrymander, despite active election" and quoted Democratic state Sen. Rodger Smitherman saying the bill's sponsor Greg Albritton lacked "the courage to stand up for what's right and wrong," adding that Republicans are "denying Black people an opportunity to participate who had to die to just have the right to vote." People's World characterized the legislation as part of Republicans "racing to cement in place new racially gerrymandered lines before the November 2026 elections" with "racist moves" designed to eliminate Democrats, warning that thousands of already-cast early ballots could be "tossed in the trash pile." The Southern Poverty Law Center's Jerome Dees told the press that Alabama's actions "demonstrated exactly why the Voting Rights Act is as necessary today as it was when it was signed into law nearly 61 years ago." Left-leaning commentators emphasized historical parallels to Jim Crow and Reconstruction. Civil rights activist Betty White Boynton invoked her own participation in the 1965 voting rights marches, saying "I was out there in 1965 marching for the right to vote, and now we are back here in 2026 doing the same thing," while Democratic state Sen. Smitherman directly compared the vote to "the days of Reconstruction." Senate Minority Leader Bobby Singleton, a Black Democrat, told reporters that Republicans "are aiming to strip representation from Black voters in an effort to get another Republican to Congress," while Congressional Black Caucus member Terri Sewell framed the issue as one of democratic voice: "It's about who gets heard in the nation's capital and who doesn't, who gets heard in our democracy and who doesn't." Left-leaning coverage highlighted that the legislation only becomes possible if courts lift an injunction, yet Republicans moved to pass it anyway—suggesting, critics argue, premature action and bad faith. Critics focused heavily on the racial implications of the redrawing, with voting rights groups warning that the legislation creates a roadmap for disenfranchisement. Coverage tended to downplay Republican arguments about respecting state legislative maps or concerns about judicial overreach, instead emphasizing the practical effect: eliminating the one Black-majority congressional district that led to Democrat Shomari Figures's election in 2024.
Right-Leaning Perspective
Right-leaning outlets and Republican officials characterized the special primary legislation as a corrective measure to reverse judicial overreach and restore legislative maps duly passed by elected representatives. Alabama Republican House Speaker Nathaniel Ledbetter called the current court-ordered map a "racially gerrymandered disgrace" and praised the bill's passage as guaranteeing Republicans would "flip back" the Second Congressional District that had been "wrongfully handed to democrats on a silver platter by the courts." Republican state Senator Greg Albritton, the bill's chief defender, argued the legislation "does not create anything new" but simply "simplifies a pathway" for implementing maps "already established, litigated, and dealt with," emphasizing conditionality by repeatedly stating the bill has no effect "unless the courts agree to lift an injunction." Republican messaging stressed respect for constitutional process and resistance to judicial activism. Alabama Attorney General Steve Marshall told CNN that "The Alabama in 2026 is not the Alabama of the early 1960s, it's a new time and a different era," rejecting the notion that Voting Rights Act protections remain necessary. In Alabama's emergency appeal to the Supreme Court, the state argued the case "should end the same way: with this year's elections run with districts based on lawful policy goals, not race," framing the issue as one of restoring democratic norms rather than racial discrimination. GOP legislative leaders praised the special session as a "significant win for voting rights," contending that it allowed Alabama to "hold elections under the constitutional maps that were passed by the Legislature in 2021 and improperly overturned by the courts," and that the Louisiana v. Callais decision opened "the door to right a judicial wrong." Right-leaning coverage and statements downplayed or omitted the racial impact of the redistricting, instead emphasizing legislative prerogative, the perceived error of federal judges redrawing maps, and the Supreme Court's recent decision weakening Section 2 of the Voting Rights Act as legal justification. Republicans argued they were defending federalism and separation of powers rather than engaging in racial discrimination. Coverage from conservative sources did not prominently feature or acknowledge the testimony of civil rights advocates or the concerns about Black voter dilution that dominated the hearing record.
Deep Dive
Alabama's approval of special primary election legislation Friday emerged directly from the U.S. Supreme Court's Louisiana v. Callais decision last week, which significantly narrowed Section 2 of the Voting Rights Act's protections against racial discrimination in voting. For over 40 years, courts had required states to create majority-minority districts in some circumstances to remedy historical discrimination. The 2023 Allen v. Milligan decision upheld that principle and forced Alabama to create a second Black-opportunity district, resulting in Democrat Shomari Figures's election to Congress in 2024. But last week's 6-3 Supreme Court decision in Louisiana v. Callais found that Louisiana's second majority-Black district constituted impermissible racial gerrymandering—flipping the precedent entirely. Alabama's GOP, sensing opportunity, called a special legislative session to authorize contingent special primary elections that would only occur if courts lifted the federal injunction blocking the state from using its 2023 map (which had been rejected as unconstitutional). Within days, the state filed an emergency appeal to the Supreme Court seeking expedited review and requesting a ruling by May 14. What makes this story significant is the collision between two genuine constitutional tensions: judicial authority to remedy discrimination versus legislative prerogative to draw maps, and the balance between Section 2 protections for minority voters versus concerns about excessive judicial involvement in redistricting. Republicans frame the legislation as restoring maps already vetted by elected officials and only temporarily blocked by judges; they argue the new Supreme Court precedent fundamentally changes the legal landscape. Democrats and voting rights groups counter that Alabama's previous map was struck down specifically for violating Section 2 and the 14th Amendment, that the Louisiana decision explicitly disclaimed overturn the prior Alabama ruling, and that passing legislation anticipating courts will reverse prior rulings—before those courts have acted—suggests bad faith. Importantly, Alabama is just one of multiple Southern states moving simultaneously: Louisiana delayed its May 16 primaries, Tennessee passed a new map eliminating its sole Black majority district, and South Carolina is considering similar moves. What to watch: The critical question is whether the U.S. Supreme Court will accept Alabama's emergency appeal and grant the state relief by May 14, while absentee voting in the state's June 9 primaries is already underway. If courts maintain the injunction, the legislation has zero effect. If courts lift it, the governor must call special elections within months—creating chaos for candidates and voters already voting under a different map. Meanwhile, Justice Samuel Alito's Louisiana opinion and Chief Justice Roberts's recent comments about the court not making policy decisions suggest internal tension on the bench about how quickly and broadly to extend the new precedent. Democrats have already sued to block implementation and are likely to appeal any adverse rulings, setting up months of litigation before the November general election.