The U.S. Department of Justice (DOJ) announced on Friday that it has filed a lawsuit against Alabama over the state’s efforts to remove noncitizens from its voter lists ahead of the November presidential election.

The DOJ argues that Alabama’s actions could potentially violate federal law and have a significant impact on voter access as the election approaches.

So crazy https://t.co/gRljUp4i3b

— Elon Musk (@elonmusk) September 28, 2024

According to The Washington Times, the DOJ is asking a federal judge to order Alabama to restore the names of individuals presumed to be ineligible to vote back onto the active voter lists.

The lawsuit also highlights concerns that some legitimate U.S. citizens may have been incorrectly flagged as ineligible voters and moved to an inactive voter file.

The timing of Alabama’s efforts is a central issue in the lawsuit.

The state’s action, which was announced 84 days before the presidential election, is being challenged under the National Voter Registration Act (NVRA).

This federal law prohibits the removal of voters from registration lists within 90 days of an election, a safeguard designed to ensure that eligible voters are not improperly disenfranchised close to election day.

Assistant Attorney General Kristen Clarke, representing the DOJ, framed the lawsuit as a broader message to other states that may consider similar actions. “It is critical that Alabama redress voter confusion,” Clarke said, emphasizing the potential for harm if legitimate voters are wrongfully removed from the rolls so close to the election.

Alabama Secretary of State Wes Allen defended the state’s actions, stating that his office had used data from the U.S. Department of Homeland Security to identify 3,251 individuals who are considered potential noncitizens on the state’s voter rolls.

Allen acknowledged that it is “possible” that some of those individuals may have gained citizenship after being flagged as noncitizens and that the state is working to help those individuals verify their status.

“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.

He also expressed confidence in the state’s process of determining voter eligibility based on federal data.

However, the DOJ disputes the accuracy of Alabama’s data. Clarke, in particular, noted that some individuals classified as noncitizens by the state were, in fact, born in the U.S. and are legitimate citizens.

This discrepancy has fueled the DOJ’s argument that Alabama’s voter removal efforts could disenfranchise eligible voters.

The lawsuit underscores a growing national debate over voter eligibility and election integrity, with the DOJ emphasizing the need to protect access to the ballot while ensuring that voter lists remain accurate.

The case also raises concerns about the impact of last-minute changes to voter registration lists, particularly in swing states like Alabama, where election outcomes could be influenced by even small shifts in voter access.

As the legal battle unfolds, the outcome could set a precedent for other states considering similar actions in the lead-up to the 2024 election.

The actual details of this DOJ lawsuit against Alabama are insane.

Kamala’s DOJ is suing them because they removed less than 4,000 people from the voter rolls who registered despite not being citizens. pic.twitter.com/rXne2h4l9d

— Greg Price (@greg_price11) September 28, 2024

Both sides are expected to present their arguments before a federal judge, with the DOJ seeking an immediate halt to Alabama’s efforts until the court can rule on the legality of the state’s actions under federal law.

Read the full press release from U.S. Department of Justice Office of Public Affairs:

The Justice Department announced today that it has filed a lawsuit against the State of Alabama and the Alabama Secretary of State to challenge a systematic State program aimed at removing voters from its election rolls too close to the Nov. 5 general election, in violation of the National Voter Registration Act of 1993 (NVRA).

“The right to vote is one of the most sacred rights in our democracy,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “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. The Quiet Period Provision of federal law exists to prevent eligible voters from being removed from the rolls as a result of last-minute, error-prone efforts. The Justice Department will continue to use all the tools it has available to ensure that the voting rights of every eligible voter are protected.”

Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision, requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists by no later than 90 days before federal elections. The Quiet Period Provision applies to certain systematic programs carried out by states that are aimed at striking names from voter registration lists based on a perceived failure to meet initial eligibility requirements — including citizenship — at the time of registration. The Quiet Period is an important protection for voters, because systematic removal programs may be error-ridden, cause voter confusion and remove eligible voters days or weeks before Election Day who may be unable to correct the state’s errors in time to vote or may be dissuaded from voting at all. States may remove names from official lists of voters in various ways and for various reasons, but they may not carry-on this kind of systematic removal program so close to a federal election.

On Aug. 13, the Secretary of State announced the launch of a “process to remove noncitizens registered to vote in Alabama.” This was 84 days before the Nov. 5 general election. The Justice Department’s review found that both native-born and naturalized U.S. citizens have received letters stating that their voter record has been made inactive and that they have been placed on a path for removal from Alabama’s statewide voter registration list. The letter directs recipients who are in fact U.S. citizens and eligible to vote to complete and submit an attached State of Alabama Voter Registration Form. In turn, that form instructs that people may not register to vote in the 14 days before an election. This systematic voter removal program, which the State is conducting within 90 days of the upcoming federal election, violates the Quiet Period Provision.

The Justice Department seeks injunctive relief that would restore the ability of impacted eligible voters to vote unimpeded on Election Day and would prohibit future Quiet Period violations. The department also seeks remedial mailings to educate eligible voters concerning the restoration of their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens.

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