Jimmy Williams
The U.S. Department of Justice (DOJ) filed a lawsuit against Alabama and its Secretary of State, Wes Allen, on Friday, alleging that the state’s effort to remove voters from its rolls was taking place too close to the Nov. 5 general election in violation of federal law.
Under the National Voter Registration Act, states are allowed to update their voter registrations, but any systematic removal of voters must occur more than 90 days before a federal election. Alabama’s recent voter roll purge announcement, which came just 84 days before Election Day, falls short of this requirement, according to the DOJ.
“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 DOJ 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 lawsuit stems from Alabama’s Aug. 13 announcement of a crackdown on so-called “noncitizen voters,” where Allen claimed that over 3,500 registered voters had been issued noncitizen identification numbers by the Department of Homeland Security. These identification numbers, assigned by U.S. Customs and Immigration Services, are used to track immigration files, employment eligibility, and visa applications. They do not, however, necessarily reflect current citizenship status.
The DOJ contends that the timing of Alabama’s voter roll purge violates federal law and risks disenfranchising eligible voters. The department has already found evidence that some of the individuals targeted by the purge have since become naturalized U.S. citizens, which grants them the right to vote.
Alabama Secretary of State Wes Allen declined to comment directly on the lawsuit, citing ongoing litigation, but defended his actions, stating that it’s his “Constitutional duty to ensure that only Americans vote in our elections.”
Voting rights advocates have criticized measures targeting noncitizen voters, arguing that these actions disproportionately affect naturalized citizens. Allen acknowledged in August that some of the 3,500 identified voters may have since become citizens, making them eligible to vote.
Allen previously told NBC News that any eligible voters mistakenly purged from the rolls could rectify their status on Election Day by completing a form or updating their information online, even at their polling place.
The DOJ’s legal action comes as Alabama kicked off its general election season, becoming the first state to send out mail ballots on Sept. 11. As the Nov. 5 election approaches, the lawsuit underscores the federal government’s concern over state-level voter roll purges that risk violating national voting rights laws.