The Biden-Harris Department of Justice (DOJ) has filed a lawsuit against the state of Alabama over its efforts to remove non-citizens from the voter rolls ahead of the 2024 election, citing that the program was initiated “too close” to the upcoming November 5 election. Alabama’s Secretary of State, Wes Allen, had announced in August that 3,251 individuals identified as non-citizens had been registered to vote and would be removed from the rolls.
According to a DOJ press release, Alabama’s actions violated Section 8(c)(2) of the National Voter Registration Act (NVRA), which prohibits states from conducting programs to systematically remove ineligible voters within 90 days of a federal primary or general election. Since the state’s program was announced on August 13, it fell within that restricted 90-day window.
In his original statement, Allen emphasized his commitment to ensuring only eligible voters participate in elections. “I will not tolerate the participation of non-citizens in our elections,” he said. Allen also mentioned that Alabama had carefully reviewed its voter file to identify individuals who had been issued non-citizen identification numbers.
The DOJ’s lawsuit targets the state’s actions, arguing that the program violated federal law and caused confusion for some naturalized citizens, who were erroneously informed they had been removed from the voter rolls. However, Alabama had accounted for such errors, with the DOJ noting that the state provided instructions to affected individuals on how to re-register using an attached voter registration form.
Kristen Clarke, the DOJ’s Assistant Attorney General for Civil Rights, emphasized the importance of resolving the confusion caused by Alabama’s voter list maintenance efforts, stating that the state must “redress voter confusion” in accordance with federal law.
The issue of non-citizens voting in elections has gained heightened attention, particularly as the ongoing border crisis has led to record numbers of non-citizens entering the country in recent years.
