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Department of Justice Sues to Stop Alabama from “Purging” Voter Rolls


— September 28, 2024

“As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law,” the Justice Department said in a statement. “Officials across the country should take heed of the National Voter Registration Act’s clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election.”


The federal Department of Justice has filed a lawsuit against Alabama and its top election official, claiming that a state-sponsored “purge” of unqualified voters falls too close to the general election.

According to National Public Radio, most states have the right to remove registered voter’s names from rolls if they pass away, are sent to prison, or are otherwise found ineligible to found. However, federal law sets a “quiet period” before certain federal elections, barring any last-minute changes to local and state voter rolls.

Alabama, and most other states subject to the National Voter Registration Act, cannot remove entire categories of voters within 90 days of an impending federal election.

But on August 13, just 84 days before the general election, Alabama Secretary of State Wes Allen announced an initiative to “remove noncitizens registered to vote.” In a press release, Allen said that a review had identified about 3,251 registered voters who had “been issued noncitizen identification numbers by the Department of Homeland Security.”

Allen also noted that “some of the individuals who were issued identification numbers have, since receiving them, become naturalized citizens and are, therefore, eligible to vote.” His department said that any recently-naturalized citizens affected by the state’s order would be allowed to update their voter registration information.

Voting materials and stickers. Image via U.S. Embassy in Chile via Wikimedia Commons (CCA-BY-2.0).

“This update can be done by completing a form or going online,” Allen said. “This step may be accomplished even at the polling place on Election Day.”

However, the federal Department of Justice has continued to characterize Alabama’s review as a “systematic voter removal program” that will almost certainly impact U.S. citizens—citizens who were born in the United States, and citizens who were born abroad but have since naturalized.

“As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law,” the Justice Department said in a statement. “Officials across the country should take heed of the National Voter Registration Act’s clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election.”

Allen, who has faced similar accusations from private citizens and non-profit organizations, has yet to issue any extensive comment. In an earlier statement, he simply pledged not to “bow down to threats from ultra-liberal activist groups who will stop at nothing in their quest to see noncitizens remain on Alabama’s voter rolls.”

Conservatives in other states are leading similar initiatives to prevent noncitizens from participating in the November election, though it is already against the law for noncitizens to vote in federal elections.

Sources

DOJ sues Alabama, state’s top election official for allegedly purging voters too close to election

Justice Department sues Alabama, claiming it purged voters too close to the election

Justice Department sues Alabama over effort to purge voter rolls within 90 days of election

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