The Justice Department announced Friday that it filed a lawsuit against Alabama and the Alabama Secretary of State to challenge a program it says is aimed at removing voters from election rolls too close to the Nov. 5 general election. The Justice Department says the program is in violation of the National Voter Registration Act of 1993.
“The right to vote is one of the most sacred rights in our democracy,†said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law. 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. The Justice Department will continue to use all the tools it has available to ensure that the voting rights of every eligible voter are protected.â€
The Justice Department says Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision, requires states to complete systematic programs aimed at removing names of ineligible voters from voter registration lists by no later than 90 days before federal elections.Â
On Aug. 13, Alabama Secretary of State Wes Allen announced that he instructed the Boards of Registrars in all counties in Alabama to remove noncitizens registered to vote in Alabama. The Justice Department says the announcement was made 84 days before the Nov. 5 election and that the program is in violation of the Quiet Period Provision.
Alabama Secretary of State Wes Allen responded to news of the lawsuit with this statement:
“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.â€
The Justice Department is seeking the restoration of impacted eligible voters and that mailings be sent out to educate voters concerning the restoration of their right along with adequate training of local officials and poll workers to address any confusion and distrust as a result of the program.
