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

The Department of Justice sued the State of Alabama and its top election official, alleging that they had removed voters who had previously been issued noncitizen identification numbers from its election rolls too close to election day.

Noncitizen identification numbers are a tax-processing number issued by the Internal Revenue Service (IRS) to ensure that people—including undocumented immigrants—pay taxes. Along with paying taxes, noncitizen identification numbers can provide legal migrants with securing a driver’s license and providing proof of residency.

After being sworn into office in January, Alabama Secretary of State Wes Allen got to work to identify and remove 3,251 individuals who are registered to vote in Alabama who have been issued noncitizen identification numbers by the Department of Homeland Security.

“I have been clear that I will not tolerate the participation of noncitizens in our elections,” Allen previously said in a release. “I have even gone so far as to testify before a United States Senate Committee regarding the importance of this issue. We have examined the current voter file in an attempt to identify anyone who appears on that list that has been issued a noncitizen identification number.”  

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Alabama Secretary of State Wes Allen, testify during a hearing before the Senate Rules and Administration Committee at Russell Senate Office Building on Capitol Hill on March 12, 2024, in Washington, DC.  (Alex Wong/Getty Images)

Now, the DOJ is pushing back and has filed a lawsuit against Alabama and Allen.

The agency argued that Allen violated the National Voter Registration Act of 1993 (NVRA), which requires states to complete any changes to the voter registration lists no later than 90 days before federal elections.

Allen implemented the changes 84 days before, the DOJ alleged.

Signs directing voters are seen outside a polling place on March 5, 2024, in Mountain Brook, Alabama. (Elijah Nouvelage/Getty Images)

“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.

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The DOJ also alleged that Allen’s removal of voter registration also impacted natural-born citizens who were incorrectly identified as potential noncitizens.

The Department of Justice seals is seen during a news conference at the DOJ office in Washington, May 16, 2023. (AP Photo/Jose Luis Magana)

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.

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“The department also seeks remedial 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,” the agency said.

Reached for comment late Saturday night, Alabama Secretary of State Wes Allen told Fox News Digital, “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.”