Updated October 16, 2024 at 17:34 PM ET
A federal judge on Wednesday temporarily blocked Alabama鈥檚 voter removal program in one of the major legal fights over voter purges in Republican-led states ahead of this fall鈥檚 Election Day.
The comes after the Justice Department and civil rights groups represented by the Campaign Legal Center what the office of Alabama Secretary of State Wes Allen, a Republican, 鈥渟trategic efforts鈥� to 鈥渞emove noncitizens registered to vote鈥� from the state鈥檚 voter rolls.
A federal law known as the bans Alabama and other states from systematically removing people from their lists of registered voters within 90 days of a federal election, also known as the 鈥渜uiet period鈥� before Election Day.
In August, 84 days before Election Day, Allen announced a process for purging 3,251 registered Alabama voters who had been issued noncitizen identification numbers by the Department of Homeland Security. Non-U.S. citizens are not allowed to vote in federal and state elections. But among those put on the path to removal, Allen , are U.S. citizens who were naturalized and are eligible to vote.
In the decision, U.S. District Judge Anna Manasco, who was nominated by former President Donald Trump, ruled that the state violated the NVRA鈥檚 鈥渜uiet period鈥� provision and ordered Allen to put the voter removal program on pause through Nov. 5.
鈥淭his year, Alabama Secretary of State Wes Allen (1) blew the deadline when he announced a purge program to begin eighty-four days before the 2024 General Election, (2) later admitted that his purge list included thousands of United States citizens (in addition to far fewer noncitizens, who are ineligible to vote), and (3) in any event, referred everyone on the purge list to the Alabama Attorney General for criminal investigation,鈥� Manasco wrote in the court order.
The court also directed Allen鈥檚 office to issue guidance to county election officials on restoring registered voters to the state鈥檚 rolls, announce the court鈥檚 order on the secretary of state鈥檚 website and inform the state鈥檚 attorney general that they had inaccurately referred a number of Alabamians to be investigated.
鈥淚 will comply with the order of the federal court,鈥� Allen said in a statement.
Alabama鈥檚 challengers are calling the ruling a victory for voting rights.
鈥淭his action sends a clear message that the Justice Department will work to ensure that the rights of eligible voters are protected,鈥� Assistant Attorney General Kristen Clarke, of the Justice Department鈥檚 Civil Rights Division, said in a statement.
鈥淣o U.S. citizen should be afraid to vote, and we are proud to have defended Alabamians ahead of the upcoming election,鈥� said Kate Huddleston, the Campaign Legal Center鈥檚 senior legal counsel. 鈥淭oday鈥檚 court decision helps protect Alabama citizens鈥� freedom to register and vote without concerns about government interference or intimidation.鈥�
Similar lawsuits have been filed in Virginia by , as well as . They are challenging by Republican Gov. Glenn Youngkin that calls for 鈥渄aily updates鈥� to the state鈥檚 voter list in order to remove 鈥渋ndividuals who are unable to verify that they are citizens鈥� to Virginia鈥檚 Department of Motor Vehicles.
The timing of the voter removals under the order violated the NVRA鈥檚 鈥渜uiet period鈥� restriction, Virginia鈥檚 challengers argue. In court filings, they also point out that the DMV data used to determine a voter鈥檚 U.S. citizenship status can be wrong or out of date.
Youngkin, in a , called the DOJ lawsuit 鈥渁 desperate attempt to attack the legitimacy of the elections鈥� in Virginia.
That was echoed by Trump, who has been pushing while campaigning for a second term. Providing no evidence, Trump said in a post on his social media platform that the Justice Department鈥檚 legal challenge is one of 鈥渢he Greatest Examples of DOJ Weaponization鈥� that was done to 鈥淐HEAT on the Election鈥� by putting 鈥淚llegal Voters鈥� back on Virginia鈥檚 voter rolls.
Another potential legal fight over recent voter purges is brewing in Ohio. Voting rights groups led by the American Civil Liberties Union dated Oct. 3 to Ohio Secretary of State Frank LaRose, a Republican, pointing to mass voter removals in some of the state鈥檚 counties that they argue did not follow NVRA requirements. The groups said they鈥檙e prepared to go to court if changes are not made within 20 days.
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