Alabama Sued by DoJ Over Voter Roll Purge Program
The Department of Justice (DoJ) has initiated a lawsuit against Alabama, alleging that the state's voter roll purge program, which focuses on individuals who are or were noncitizens, is in violation of the law.
Details of the Lawsuit
The lawsuit was announced by the DoJ in a press release on September 27. The department argues that Alabama's program, which targets individuals with noncitizen identification numbers, contravenes the National Voter Registration Act of 1993 (NVRA) by eliminating potentially eligible voters within the federally required 90-day "Quiet Period" preceding an election.
Kristen Clarke, Assistant Attorney General of the DoJ’s Civil Rights Division, expressed concern that Alabama's actions could disenfranchise eligible voters shortly before an important federal election. She emphasized the importance of Alabama rectifying voter confusion resulting from its list maintenance mailings, which she claimed were in violation of federal law. Clarke pointed out that the NVRA’s Quiet Period provision is designed to prevent eligible voters from being erroneously removed from the rolls due to last-minute, error-prone efforts.
Alabama's Voter Roll Purge Program
The legal contention revolves around a program initiated by Alabama Secretary of State Wes Allen, which aimed to remove noncitizens registered to vote in Alabama from the state’s voter rolls. On August 13, Allen's office declared that 3,251 individuals on the state’s voter rolls had been identified for removal because they were issued noncitizen identification numbers by the Department of Homeland Security (DHS). Allen directed the state’s 67 county boards of registrars to deactivate these voters and initiate the process of their removal from the rolls.
Allen stated that while some of those identified may have since become naturalized citizens, they would need to update their status using a State of Alabama voter registration form to remain eligible to vote. He also noted that due to a lack of cooperation from the federal government in providing current lists of noncitizens for the voter roll purge, Alabama was forced to rely on older data, which does not reflect whether the individuals flagged for removal have since gained citizenship.
DoJ's Concerns and Requests
The DoJ's lawsuit argues that Alabama's program could disenfranchise eligible voters, especially naturalized citizens who were once issued noncitizen identification numbers. The department's review found that both native-born and naturalized U.S. citizens had received letters stating that their voter records had been made inactive and that they would be removed from the rolls unless they submitted a new registration form.
The DoJ is seeking an injunction to stop the voter roll purge and restore the rights of eligible voters. It also advocates for remedial mailings to inform voters about the restoration of their rights, along with training for local officials and poll workers to address any confusion or distrust among eligible voters wrongly identified as noncitizens.
Alabama's Response
The Alabama Secretary of State’s office did not immediately respond to a request for comment on the latest DoJ lawsuit. However, in an earlier statement, Allen defended the program as necessary to maintain the integrity of Alabama’s elections and pledged to continue efforts to ensure only U.S. citizens are registered to vote.
Previous Legal Challenges
This is not the first time Alabama has faced legal challenges over its voter roll maintenance efforts. Earlier in the month, a group of civil rights organizations, including the Alabama Coalition for Immigrant Justice and the League of Women Voters of Alabama, filed a separate lawsuit accusing the state of targeting naturalized citizens with the purge. This lawsuit alleges that many of those flagged for removal are now U.S. citizens who are eligible to vote, but are being forced to re-register.
Bottom Line
The ongoing legal battle between the DoJ and Alabama over the state's voter roll purge program raises important questions about the balance between maintaining the integrity of elections and ensuring the voting rights of eligible citizens. What are your thoughts on this issue? Share this article with your friends and start a discussion. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
