Justice Department Sues Alabama For Voter Purging Efforts

by Nahlah Abdur-Rahman

September 28, 2024

The lawsuit states Alabama violated the National Voter Registration Act by removing registered voters in less than three months before the federal election.

The U.S. Justice Department filed a lawsuit against Alabama and its Secretary of State for its alleged systematic voter purging.

Filed on Sept. 27, the lawsuit states Alabama violated the National Voter Registration Act by removing registered voters in less than three months before the federal election. According to NPR, the federal law ensures a “quiet period” ahead of a federal election for states covered by it.

While covered by the legislation, states like Alabama cannot systematically removes names off their registered voters list within this timeframe. Despite this, Alabama’s Secretary of State Wes Allen announced on Aug. 13 that they will remove noncitizen voters under their jurisdiction, aiming to have the “cleanest and most accurate voter file” in the U.S.

The announcement went public within the 90 day threshold by the state’s Chief Elections official. It impacts 3,251 registered voters solely due to having “noncitizen identification numbers by the Department of Homeland Security.”

“I have been clear that I will not tolerate the participation of noncitizens in our elections,” stated the Republican lawmaker in the press release. “I have even gone so far as to testify before a United States Senate Committee regarding the importance of this issue. We have examined the current voter file in an attempt to identify anyone who appears on that list that has been issued a noncitizen identification number.”  

The Republican lawmaker also provided a list of noncitizen voters to the Office of Alabama Attorney General to investigate their persons for potential criminal prosecution. However, NPR remarked federal law already prohibits noncitizens from voting in federal elections. Cases of such remain extremely rare.

In light of this news, the Justice Department accused Alabama of perpetuating voter confusion. They urged the state to take heed to the Quiet Period Provisions in place to protect all voters.

“The right to vote is one of the most sacred rights in our democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law. 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 statement continued, deeming the Alabama’s actions as a “systematic voter removal program.” The state also gave inactive voter notifications to both native-born and naturalized citizens.

“The letter directs recipients who are in fact U.S. citizens and eligible to vote to complete and submit an attached State of Alabama Voter Registration Form,” they added. “In turn, that form instructs that people may not register to vote in the 14 days before an election.”

Moreover, other voting rights groups and other persons wrongfully affected have sued the state for its ongoing voter purging effort. However, Allen remained adamant that he will not “bow down” to these groups.

“I will not 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,” he stated in an email to the news outlet.

Allen refused to comment on the additional lawsuit from the Justice Department.

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