A federal judge has issued a ruling that could impact Alabama's upcoming election.
According to Breitbart News, Judge Anna M. Manasco, a Trump appointee, has ordered the state to cease designating voters as "inactive" based on suspicions of non-citizenship.
The ruling affects Alabama's program to remove non-citizens from voter rolls, causing questions about voter eligibility just before the November election.
The program, launched in August, flagged 3,251 registered voters as potentially ineligible due to their assignment of "noncitizen identification numbers" by the Department of Homeland Security. Allen's office sent notices to these individuals, informing them of their inactive status pending verification of voting eligibility.
However, the Department of Justice (DOJ) found that the program had erroneously flagged both native-born and naturalized U.S. citizens. This discovery prompted legal action from the DOJ and several civil rights groups.
The lawsuit argued that Allen's efforts violated the National Voter Registration Act, specifically citing the law's restrictions on systematic list maintenance within 90 days of an election.
Judge Manasco's decision focused on the timing of the program's implementation, agreeing with plaintiffs that such changes so close to an election were unfair. She ordered the secretary of state to halt the designation of voters as "inactive" based on this program.
Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division stated:
The National Voter Registration Act's clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election... prevent eligible voters from being removed from the rolls as a result of last-minute, error-prone efforts.
The judge also noted concerns about the program's potential consequences, pointing out that flagged individuals were reported to Alabama's chief law enforcement authority for criminal investigation.
While siding with the DOJ on the program's unlawful timing, Judge Manasco limited the scope of her ruling. She declined to extend the injunction past November 5 or to rule on allegations of discrimination or intentional voter disenfranchisement.
The judge acknowledged the state's efforts to restore active voter status to some individuals deemed legal citizens. She suggested that these corrective actions demonstrated the importance of the 90-day deadline and indicated that achievable relief was possible.
Secretary of State Wes Allen had previously defended the program, stating:
I have been clear that I will not tolerate the participation of noncitizens in our elections. I have even gone so far as to testify before a United States Senate Committee regarding the importance of this issue.
As the November election approaches, Alabama officials must now navigate the implications of this ruling while ensuring fair and accessible voting processes for all eligible citizens. The case serves as a reminder of the delicate balance between election integrity measures and protecting voting rights.
