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The Department of Justice Files Lawsuit against Alabama due to their Attempt to Eliminate Over 3,000 Voter Registrations Nearly before the Election

The Department of Justice filed a lawsuit against Alabama on Friday, alleging that the state's attempt to delete over 3,000 voter registrations prior to an election contravened federal regulations forbidding such actions in close proximity to voting events.

Guides for voters are visible near a polling station on March 5, 2024, in Mountain Brook, Alabama.
Guides for voters are visible near a polling station on March 5, 2024, in Mountain Brook, Alabama.

The Department of Justice Files Lawsuit against Alabama due to their Attempt to Eliminate Over 3,000 Voter Registrations Nearly before the Election

Alabama Republican Secretary of State Wes Allen declared on August 13 that he initiated the removal of 3,251 individuals labeled as noncitizens from the state's voter rolls. Despite acknowledging the possibility that some of these individuals might have acquired citizenship and are now eligible to vote, Allen carried out the procedure.

In a 18-page lawsuit submitted to the federal court in Alabama, the Justice Department argued that the mass voter roll cleanup contradicted the National Voter Registration Act, which regulates how and when most states can carry out substantial modifications to their voter records lists. As per the federal law, states must keep a 90-day tranquil period during which officials cannot "systematically remove the names of ineligible voters from the official lists of eligible voters."

"Even though over 700 individuals affected by the Program have since re-registered and restored their active status in the State's voter registration records, likely several hundred or even thousands more registered, eligible voters from the list – U.S. citizens - remain in inactive status and stand to be disenfranchised just weeks before the upcoming federal election," DOJ attorneys asserted in the lawsuit.

"Alabama's unlawful actions have bewildered and deterred U.S. citizens who are fully entitled to vote – the very scenario that Congress aimed to prevent when it enacted the Quiet Period Provision," the complaint contended, adding that actions like Alabama's "tend to be more erroneous than other types of list maintenance."

Previously reported by CNN, extensive research from both liberal and conservative research institutions identified only an insignificant number of instances of noncitizens casting ballots in elections where they are ineligible. Nonpartisan election law experts emphasized that it is seldom missed when it does happen, and that it is not a prevalent issue that undermines U.S. elections.

The newly filed lawsuit escalates the legal confrontation against Alabama's actions, which had been challenged earlier this month by Alabama voters, including those affected by the purge. The judge overseeing the two cases announced on Saturday that she had combined them "considering the urgent and time-sensitive nature of these lawsuits and the need for judicial efficiency."

In addition to other requests, the Justice Department is asking the court to undo Alabama's actions for all eligible voters affected by the purge to allow them to vote freely on Election Day.

"In the lead-up to Election Day, it is essential that Alabama alleviates confusion caused by its list maintenance mailings that violate federal law," Assistant Attorney General Kristen Clarke stated in a statement. "The Department of Justice will continue to utilize all resources at its disposal to safeguard the voting rights of every eligible voter."

Allen declined to comment on the lawsuit, stating in a statement that he was obligated to prevent noncitizens from taking part in U.S. elections.

"I was elected as Secretary of State by the people of Alabama, and it is my constitutional duty to ensure that only American citizens vote in our elections," Allen stated. "Regarding the Department of Justice's lawsuit, this office does not comment on pending litigation involving a Secretary of State as a defendant."

CNN's Marshall Cohen and Ethan Cohen contributed to this report.

In response to Alabama's voter roll cleanups, the Justice Department further argued that such actions violate the National Voter Registration Act and may disenfranchise eligible voters. The department is urging the court to reverse Alabama's actions to ensure all eligible voters can participate freely in the upcoming election.

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