Archibald: Could Jefferson Davis’ ghost derail Alabama redistricting?

This is an opinion column.

It sounds like the beginning of a bad punchline: Three lawyers walk up to the bar.

Alabama is currently engaged in a frantic effort to convince the U.S. Supreme Court that it should be allowed to dictate its own voting districts, and it needs to happen in a hurry. The state is telling the justices that its motivations are not rooted in racism, but are actually anti-racist.

The goal is to convince the court that there is still enough time to implement new districts—the very same ones a bipartisan three-judge panel labeled racist—and get new ballots to voters in time for a specially called election in August. There is a punchline coming, I promise.

The timing conflict

Lawyers for the state, along with those opposed to the rushed redistricting effort, filed arguments with the Supreme Court on Monday. It was a critical date because Alabama was scheduled to begin issuing absentee ballots by that same day.

Monday was an official state holiday in Alabama: Jefferson Davis’ birthday. State offices were closed in observance of the Confederate president’s birthday.

"If absentee ballots are issued the morning of June 2, then all changes must be completed by today, June 1," wrote attorneys for Sen. Bobby Singleton, who is challenging the redistricting. "And state and county administrative offices are closed today, June 1, to celebrate the birthday of Jefferson Davis. This leaves a few hours on an Alabama holiday to complete voter reassignment."

A bizarre irony

The situation boils down to this: The state is arguing that it is not racist while simultaneously asking the federal government to rush the process because they have a Confederate holiday to observe.

Jeff Elrod, the state’s director of elections, testified in May that once the absentee process begins, voter records are effectively locked.

The consequences for voters are real. "Alabama’s quixotic attempt to condense a monthslong process into a few hours is not harmless," Singleton’s legal team argued. They noted that if county registrars only finish part of their work, the voter database could lock in an unauthorized hybrid plan that violates the "one person, one vote" principle.

While the Supreme Court may ultimately allow Alabama to proceed with its rushed special session, it would be a fitting irony if the legacy of Jefferson Davis became the stumbling block for the state's efforts. The joke might just be on them.