DOJ Files Suit Against Alabama For Voter List Changes Before Election

 September 29, 2024

A federal lawsuit threatens to upend Alabama's recent efforts to maintain the integrity of its voter registration lists.

According to the New York Post, the Department of Justice has filed a lawsuit against the State of Alabama and its Secretary of State, Wes Allen. The lawsuit alleges that the state violated federal law by removing certain voters from its rolls too close to the upcoming election.

At the heart of the dispute is the removal of 3,251 individuals from Alabama's voter registration list. The Department of Homeland Security identified these individuals as having been issued noncitizen identification numbers. Secretary Allen, who took office in January, initiated this action as part of his commitment to prevent noncitizen participation in elections.

Federal Law And Voter Registration Timelines

The Justice Department's lawsuit hinges on the National Voter Registration Act of 1993 (NVRA). This federal law mandates that states complete any changes to voter registration lists no later than 90 days before federal elections. According to the DOJ, Alabama implemented these changes just 84 days before the election, falling short of the required timeframe.

Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division emphasized the importance of this issue, stating:

The right to vote is one of the most sacred rights in our democracy. As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.

The DOJ's concern extends beyond the timing of the changes. They allege that the voter registration removal process may have inadvertently affected natural-born citizens who were incorrectly identified as potential noncitizens.

State's Stance On Election Integrity

Secretary of State Wes Allen has been vocal about his commitment to ensuring only American citizens vote in Alabama's elections. He has previously testified before a United States Senate Committee regarding the importance of this issue and conducted an examination of the current voter file to identify individuals who had been issued noncitizen identification numbers.

These identification numbers, issued by the Internal Revenue Service (IRS), are primarily used for tax processing purposes and can be assigned to various individuals, including undocumented immigrants. They can also be used to secure a driver's license and provide proof of residency.

Potential Remedies And Next Steps

The Department of Justice is seeking injunctive relief that would restore voting rights to eligible voters impacted by the recent changes. This could include allowing these individuals to vote without impediment on Election Day.

Additionally, the DOJ is requesting remedial actions to address potential confusion and distrust among eligible voters who may have been incorrectly labeled as non-citizens. These actions may involve educational mailings to affected voters and enhanced training for local officials and poll workers.

When reached for comment, Secretary Allen maintained his position on the importance of election integrity while acknowledging the ongoing legal process. He stated:

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. As to the question regarding the Department of Justice's lawsuit, this office does not comment on pending litigation where the Secretary of State is a named defendant.

The lawsuit highlights the delicate balance between maintaining accurate voter rolls and ensuring all eligible citizens can exercise their right to vote. The Department of Justice alleges that Alabama's recent actions violated federal law by occurring too close to the election.

Secretary Allen defends the state's efforts to maintain election integrity. The outcome of this legal challenge could have significant implications for voter registration processes in Alabama and potentially set a precedent for other states grappling with similar issues.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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