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DOJ sues Alabama, state's top election official for allegedly purging voters too close to election

4:17
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Does America trust our election process after 2020?
Joshua Lott/AFP via Getty Images
ByPeter Charalambous
September 28, 2024, 5:52 PM

The Department of Justice sued the State of Alabama and its top election official on Friday for allegedly removing voters from its election rolls too close to the November election.

Last month, Alabama Secretary of State Wes Allen announced that he had begun inactivating the voter registrations of 3,251 people who had been previously issued noncitizen identification numbers.

Poll station workers wait for voters at the Martin Luther King Nutrition Center during the presidential primary in Selma, Ala., on Super Tuesday, March 3, 2020.
Joshua Lott/AFP via Getty Images

The National Voter Registration Act prohibits states from removing voters from rolls within 90 days of a federal election, and Alabama's voter roll maintenance commenced 84 days ahead of the November election, the Justice Department alleged.

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"The right to vote is one of the most sacred rights in our democracy," Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said in a statement. "As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.

Residents wait to cast their ballots during the Democratic presidential primary in Montgomery, Ala., on Super Tuesday, March 3, 2020.
Mark Ralston/AFP via Getty Images

A Justice Department review of the purge also identified multiple native-born and naturalized citizens who were incorrectly identified as potential noncitizens during the voter purge. A coalition of voting rights groups separately sued Allen earlier this month over the move, alleging he illegally targeted and intimidated naturalized citizens.

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The Justice Department seeks injunctive relief that "would restore the ability of impacted eligible voters to vote unimpeded on Election Day," the department said in a statement.

It also seeks 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."

Alabama Secretary of State Wes Allen speaks during the inauguration ceremony on the steps of the Alabama state Capital in Montgomery, Ala., Jan. 16, 2023.
Butch Dill/AP

Alabama Secretary of State Allen declined to comment on the DOJ lawsuit but said in a 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."

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