The U.S. Supreme Court on Monday allowed the state of Alabama to use 2023 a congressional map that had previously been ruled racially discriminatory against Black voters. The move, which is still being litigated in courts, led state officials to call new primary elections in a handful of congressional districts.
Here’s a quick explainer on what’s going on.
Q: Is the May 19 primary election still happening?
A: Yes. Secretary of State Wes Allen said Tuesday the scheduled election will “proceed as normal.”
Q: So what has changed?
A: Using the earlier map, as state Republican officials want, would mean changing the existing boundaries of Alabama’s congressional districts, drawn by a special master appointed by a federal court in late 2023. Gov. Kay Ivey on Tuesday set special primary elections for Aug. 11 in the 1st and 2nd Congressional Districts in south Alabama, and the 6th and 7th Congressional Districts in Birmingham and west Alabama.
Q: What did the Supreme Court order do?
A: The Supreme Court sent litigation over the state’s congressional map, known as Allen v. Milligan, back to a three-judge panel of the U.S. Northern District of Alabama, which initially struck down Alabama’s congressional maps as unconstitutional violations of Section 2 of the Voting Rights Act, which prohibits racial discrimination in voting laws. In Louisiana v. Callais, decided last month, the court required plaintiffs challenging the constitutionality of maps under Section 2 to prove intentional discrimination, a significantly higher bar than the prior standard. The high court ordered the lower court to reconsider its earlier Milligan ruling in light of Callais.
Q: Weren’t two state Senate districts also redrawn?
A: Yes. In 2025, U.S. District Judge Anna Manasco, a member of the Milligan panel, ruled that the shape of two state Senate districts in the Montgomery area, originally approved in 2021, denied Black voters an opportunity to elect their preferred candidates. The state appealed the case to the U.S. 11th Circuit Court of Appeals, where, as of Wednesday afternoon, it remained.
Q: Is the state putting in brand new maps?
A: Technically, no. The congressional map was approved by the Alabama Legislature and signed by Ivey in 2023, while the proposed state Senate map was passed in 2021.
Q: Is the Supreme Court order the final word on the case?
A: Technically, no. Plaintiffs in Allen v. Milligan on Tuesday filed a motion for a temporary restraining order to prevent the state from changing maps because people have already begun casting their ballots in the election. The court ordered both parties to file briefs on the plaintiffs’ motions by Friday.
Q: Are there any vacancies in the current congressional seats?
A: No. U.S. Reps. Shomari Figures, D-Mobile; Barry Moore, R-Enterprise; Gary Palmer, R-Hoover, and Terri Sewell, D-Birmingham, will still serve in their positions until at least January.
Q: If I live in the 1st, 2nd, 6th or 7th Congressional districts, do I still have a primary on Tuesday?
A: Yes. Primary elections for all other federal and state offices are not affected. The Aug. 11 primaries will only take place in those congressional districts.
Q: What happens if I’ve already voted in one of the affected districts or voted in the primaries for those districts?
A: Voters can still cast their ballot for candidates in the 1st, 2nd, 6th and 7th congressional districts as listed right now, but unless a court intervenes, ballots cast in the affected congressional races will be nullified.
Q: Will there be runoffs if no candidate gets a majority in any of the August primaries?
A: No. Under legislation passed during last week’s special session allowing the setting of new primary dates, there will not be a runoff because of a lack of time.
Q: What’s happening with the state Senate election?
A: The Alabama Senate map is still under litigation in court. As of Wednesday afternoon, no decision had been handed down.
Read more at AlabamaReflector.com.