The Justice Department has taken legal action against the state of Alabama, accusing officials of violating federal law by purging voter rolls too close to the upcoming election.
The lawsuit alleges that Alabama violated the National Voter Registration Act by removing voters from the rolls within 90 days of the election, which is prohibited under federal law, as Axios reports.
The lawsuit, filed on Friday, challenges a recent decision by Alabama Secretary of State Wes Allen to remove 3,251 people from voter rolls based on claims of noncitizenship. Allen’s office made the announcement on August 13, just 84 days before the November 5 election.
Under the National Voter Registration Act (NVRA), states are barred from making major changes to voter lists in the 90 days leading up to an election. The Justice Department argues that Alabama’s actions violated these rules, potentially confusing eligible voters and stripping them of their right to vote.
Kristen Clarke, Assistant Attorney General of the Justice Department’s Civil Rights Division, expressed the urgency of addressing this issue. She emphasized that with Election Day approaching, voters need clear communication to ensure their rights are not unjustly taken away.
Clarke stated, “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.” She also pointed out the importance of upholding the NVRA, which clearly limits how and when states can remove voters from active registration lists. The Justice Department’s lawsuit aims to reverse the decision to remove the voters and to ensure those affected are informed that their voting rights have been reinstated.
Secretary of State Wes Allen has defended the state’s actions, saying that his office is fulfilling its duty to prevent noncitizens from voting. In his statement, Allen noted that the list of 3,251 individuals being removed from the rolls consisted of those he believed to be noncitizens.
Allen’s defense centers on the claim that his office received no assistance from the federal government in identifying noncitizens. “I was elected Secretary of State by the people of Alabama, and it is my Constitutional duty to ensure that only American citizens vote in our elections,” Allen said. Despite Allen’s arguments, the timing of the removal process is the central issue of the lawsuit, as it occurred within the prohibited 90-day window outlined in the NVRA.
The National Voter Registration Act was designed to protect voters from being unfairly purged from rolls, particularly in the critical months leading up to an election. The law requires that any systematic efforts to clean up voter lists—such as removing names based on noncitizenship or change of residence—be conducted outside of the 90-day period before an election.
In Alabama’s case, the removal of voters was announced just 84 days before the election, raising immediate concerns from federal officials. The Justice Department’s lawsuit seeks to have eligible voters reinstated and notified that they will be able to participate in the November election. Clarke has stressed the importance of adhering to federal law, stating, “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.”
With the Nov. 5 election just weeks away, the potential confusion surrounding voter eligibility in Alabama could have significant consequences. Voters who have been removed from the rolls may not be aware of the change, potentially preventing them from casting their ballots.
The Justice Department’s lawsuit aims not only to reinstate voters but also to inform them of their reinstatement. This step is seen by the government as crucial to preventing further confusion or disenfranchisement.
The outcome of this legal battle could have a broader impact beyond Alabama, as it serves as a reminder to states about the strict guidelines imposed by the NVRA when it comes to voter roll maintenance.
