The Department of Justice (DOJ) has filed a lawsuit against the State of Alabama and its Secretary of State, Wes Allen, claiming that they improperly purged voters from election rolls too close to the upcoming federal election. The DOJ alleges that voters with noncitizen identification numbers, issued for tax purposes, were removed from the voter rolls in violation of federal law.
Noncitizen identification numbers, provided by the IRS, help ensure that individuals—including undocumented immigrants—can pay taxes. These numbers can also be used by legal migrants to obtain driver’s licenses and establish proof of residency.
After taking office in January, Secretary of State Wes Allen began an initiative to remove 3,251 registered voters who were identified as having been issued noncitizen identification numbers by the Department of Homeland Security.
“I have been clear that I will not tolerate the participation of noncitizens in our elections,” Allen previously 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.”
Despite these efforts, the DOJ claims Allen’s actions violated the National Voter Registration Act of 1993 (NVRA), which prohibits changes to voter registration lists within 90 days of a federal election. According to the DOJ, Allen’s changes were implemented 84 days before the election, just six days too early.
Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division emphasized the importance of the case, 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.”
In addition to timing violations, the DOJ also alleges that the purge inadvertently affected U.S. citizens, wrongly labeling some as noncitizens and preventing them from voting.
The DOJ is seeking court-ordered relief to restore the voting rights of those wrongly impacted, and to ensure that voter education efforts are made to inform affected individuals of their eligibility. The department also calls for proper training of local election officials to prevent further confusion on Election Day.
When asked for comment, Secretary of State Wes Allen responded, “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.”
