The U.S. Justice Department has taken legal action against Alabama, alleging the state illegally purged voters from its rolls too close to the approaching general election on November 5. This lawsuit targets Alabama Secretary of State Wes Allen, asserting the state's actions contravene the National Voter Registration Act's 'quiet period' provision, which prohibits removal of voters within 90 days of federal elections.
According to the Justice Department, state officials circumvented this rule by initiating efforts to purge over 3,000 individuals identified as noncitizens from the voter registration lists. This initiative was unveiled on August 13, just 84 days prior to the election. The department's findings revealed troubling evidence: not only noncitizens but also eligible voters, including both native-born and naturalized citizens, received notifications stating their registration had been marked inactive and they were at risk of being removed.
Assistant Attorney General Kristen Clarke, head of the Department's Civil Rights Division, emphasized the importance of protecting voting rights, stating, "The right to vote is one of the most sacred rights in our democracy. It is imperative Alabama rectify any confusion stemming from its list maintenance actions, which violate federal law." Clarke urged other states to heed the NVRA's restrictions on systematic voter list maintenance, particularly as Election Day draws near.
Wes Allen, the Republican Secretary of State, has defended the decision to remove individuals from the rolls, arguing it is his constitutional responsibility to safeguard electoral integrity by ensuring only U.S. citizens vote. He acknowledged the possibility of errors, admitting there may be individuals who have since acquired citizenship but had previously been labeled with noncitizen ID numbers. Allen stated those people would just need to update their registrations to regain voting eligibility.
Public advocacy groups such as the Campaign Legal Center, Fair Elections Center, and the Southern Poverty Law Center have voiced their objections, insisting the state's actions primarily harm naturalized citizens who once held noncitizen IDs. They cite specific instances, including cases of two U.S. citizens—one born abroad and naturalized last year—who received the purge notification.
The lawsuit filed by the Justice Department requests immediate relief to restore the voting rights of those impacted, enabling them to participate fully on Election Day. The department aims not only to reverse the current situation but also to prohibit future violations of the quiet period provision, reinforcing the rule against last-minute voter roll purges.
Counties within Alabama were instructed by Allen to systematically remove those deemed noncitizens, utilizing noncitizen ID numbers issued by the Department of Homeland Security as the basis for these removals. Despite these individuals' eligibility to vote, the DOJ contends this mass removal violates the specific provisions set forth by the NVRA.
The quiet period provision is rooted deeply within the NVRA, which aims to protect the integrity of elections and the rights of voters by preventing erroneous or coerced purges shortly before elections. Public records and accessible data have underscored the alarming trend across some states, where similar voter roll purges often target marginalized groups and citizens of newly naturalized status.
Bringing this matter to the federal courts has been labeled necessary by many advocacy groups, as they continue to confront what they describe as rising voter suppression tactics across the nation. Meanwhile, Allen's office has remained relatively quiet following the lawsuit’s announcement, with requests for comments going unanswered.
With the November election looming, the stakes are higher than ever, and the federal government is poised to protect the voting rights of all eligible voters—a fundamental tenet of American democracy—as the case continues to develop.
