The Biden-Harris administration’s Department of Justice recently filed a lawsuit against Alabama and its top election official after the state removed thousands of noncitizens from its voter rolls. According to the DOJ, the move violated federal law because it was made too close to Election Day.
Alabama Secretary of State Wes Allen, sworn into office in January 2023, purged 3,251 individuals registered to vote from the state’s rolls. The removed individuals were previously issued noncitizen identification numbers by the Department of Homeland Security. Noncitizens can use the identification numbers to obtain driver’s licenses and provide proof of residency.
‘It is my constitutional duty to ensure that only American citizens vote in our elections.’
Allen has expressed his commitment to ensuring that Alabama has the “cleanest and most accurate” voter rolls in the country.
“I have been clear that I will not tolerate the participation of noncitizens in our elections,” Allen stated. “I have even gone so far as to testify before a United States Senate Committee regarding the importance of this issue. We have examined the current voter file in an attempt to identify anyone who appears on that list that has been issued a noncitizen identification number.”
After Allen instructed the removal of the noncitizens from the rolls, the administration filed a lawsuit against the state and Allen for allegedly violating the National Voter Registration Act of 1993, which requires all changes to registration lists to be completed 90 days before federal elections. According to the DOJ, Allen’s changes were implemented 84 days before the November election.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said, “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,” Clarke continued. “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.”
A DOJ press release claimed that the agency’s review discovered 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 agency is seeking injunctive relief that would restore the individuals to the voter rolls.
“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,” the DOJ’s press release read.
In response to the lawsuit, Allen told Fox News Digital, “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,” Allen added.
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