DOJ Files Suit Over Alabama Voter Roll Purge

The Biden administration has taken legal action against Alabama Secretary of State Wes Allen, accusing him of improperly purging the state’s voter rolls too close to the upcoming November election.

The Department of Justice (DOJ) filed the lawsuit on Friday, claiming that Allen’s efforts to remove noncitizens and inactive voters violated the National Voter Registration Act (NVRA), as The Hill reports.

DOJ Challenges Alabama’s Voter List Maintenance

The lawsuit centers around the NVRA’s “quiet period provision,” which prohibits systematic voter roll purges within 90 days of an election. According to the DOJ, Alabama’s actions are in direct violation of this provision, jeopardizing the rights of voters just weeks before Election Day.

Assistant Attorney General Kristen Clarke, who leads the DOJ’s Civil Rights Division, emphasized the importance of protecting voting rights during this sensitive time.

“The right to vote is one of the most sacred rights in our democracy,” she said. Clarke also called on Alabama to address voter confusion caused by their list maintenance procedures.

Alabama Secretary of State Wes Allen initiated efforts on Aug. 13 to remove noncitizens from the state’s voter rolls. His office identified 3,251 registered voters who had been issued noncitizen identification numbers by the Department of Homeland Security (DHS), which led to the mailing of letters notifying these individuals of their pending removal.

Controversy Surrounds Voter Roll Purge

The issue becomes more complex as many of these individuals have since been naturalized, making them eligible to vote. The DOJ’s review uncovered that both native-born and naturalized citizens were receiving notices indicating their voting status was inactive, causing confusion and alarm among voters.

The letters, sent out up to 84 days before the election, informed recipients that they were on the path to being removed from Alabama’s voter registration list. This practice, the DOJ argues, violates federal law and could result in eligible voters being disenfranchised.

Clarke warned officials across the country to pay attention to the NVRA’s guidelines. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law,” Clarke stated, stressing that the integrity of the voter rolls must be maintained without infringing on citizens’ rights.

Wes Allen Defends Voter Purge Efforts

Despite the DOJ’s accusations, Allen has remained firm in his defense of Alabama’s voter roll maintenance. “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 in a brief statement, though he declined to comment further on the lawsuit.

Allen’s decision to remove noncitizens stems from a desire to uphold election integrity, but critics argue that his office has failed to properly distinguish between those who are noncitizens and those who have become naturalized since receiving DHS identification numbers. The timing of these actions, just weeks before the election, has raised concerns about voter suppression.

The DOJ’s lawsuit follows similar legal challenges brought by voter advocacy groups, who have also raised alarms about the impact of Alabama’s list maintenance efforts on the voting population. These groups contend that the state’s approach has caused confusion, leading to the potential disenfranchisement of eligible voters.

DOJ Seeks Emergency Relief

In its lawsuit, the DOJ is seeking injunctive relief to prevent Alabama from further removing voters from the rolls in the run-up to the November election. The department hopes to ensure that voters who were mistakenly flagged as inactive or noncitizens will be able to cast their ballots without issue.

Federal officials are particularly concerned about the impact of these list maintenance efforts on minority communities and other vulnerable groups who may be disproportionately affected by the purge. The lawsuit aims to protect the voting rights of these individuals by halting the removal process until after the election.

Clarke stressed the importance of compliance with the NVRA in safeguarding the right to vote. “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,” she stated, warning other states to avoid similar practices.

Potential Consequences for Voters

If the DOJ’s lawsuit is successful, voters in Alabama who were flagged for removal will likely have their statuses reinstated in time for the election. This could include thousands of naturalized citizens who were erroneously marked as noncitizens and sent letters notifying them of their inactive status.

For now, the outcome of the lawsuit remains uncertain, but the Biden administration is making it clear that it will fight to protect the rights of every eligible voter in Alabama. The case is expected to be a significant test of the NVRA’s provisions as Election Day approaches.

With legal battles mounting, the state’s handling of its voter rolls will remain a contentious issue leading up to November. The eyes of the nation are now on Alabama as it navigates this high-stakes challenge to its election practices.

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