DOJ accuses Alabama of clearing voter rolls too close to election

by Filip Timotija - 09/28/24 1:36 PM ET

The Biden administration filed a suit against Alabama Secretary of State Wes Allen Friday, accusing the election official of violating federal law by purging voter rolls too close to Election Day.

The lawsuit, filed by the Department of Justice (DOJ), alleges that Allen breached the “quiet period provision,” part of the National Voter Registration Act, which prevents systemic clearing of names from voter rolls within 90 days of an election.

“The right to vote is one of the most sacred rights in our democracy,” Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division said in a statement. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.”

“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 added.

DOJ’s filing comes after Allen launched a “process to remove noncitizens registered to vote in Alabama” on Aug. 13. He, at the time, said that his office identified 3,251 individuals who are registered to vote in the state, but have been “issued noncitizen identification numbers” by the Department of Homeland Security (DHS). The secretary also added that some of those people have become naturalized citizens and therefore could legally vote.

The department said it discovered in its “review,” that many native-born and naturalized citizens also received letters up to 84 days prior to the election saying their voting record was inactive and “they have been placed on a path for removal from Alabama’s statewide voter registration list.”

“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 statement to The Hill, but declined to talk about the lawsuit, saying his office does not comment on pending legislation.

DOJ’s lawsuit, which follows similar legal action taken by voter advocacy groups, seeks an injunctive relief that would allow those impacted citizens to vote in November.