Alabama seeks dismissal of DOJ lawsuit over noncitizen voter registration purge

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Alabama Secretary of State Wes Allen has requested a judge dismiss the Department of Justice's lawsuit, which challenges the state’s recent actions related to voter registration. The DOJ claims Alabama violated the National Voter Registration Act (NVRA) by switching more than 3,000 voters to inactive status just 84 days before a federal election, breaching the NVRA’s 90-day "quiet period" before elections.

The lawsuit centers around Alabama's decision to mark 3,251 voters as inactive, based on information indicating they could be noncitizens. Allen contends that the state acted within legal bounds, as the NVRA requires systematic voter list maintenance to be completed before the 90-day window, but Alabama's actions were part of a long-running general program.

Alabama’s legal team argues that switching voters to inactive status doesn’t equate to removing them entirely from the voter rolls, as those marked inactive can still vote by completing an update form at the polls. They also note that voters have until 2028 to provide documentation to regain active status. The DOJ, however, has asked the court to reverse the status change for those who have proven their citizenship.

To date, 717 voters have submitted proof of citizenship, and 106 have requested removal from the voter rolls.