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The Justice Department announced a lawsuit Friday against Alabama, arguing the state’s effort to remove noncitizens from its voter rolls came too close to the November election.
The department asked a federal judge to order Alabama to put the names — which the state says are ineligible voters — back on the active voter lists. The department said some actual citizens were sent notices that they had been moved to the inactive voter file.
Alabama announced the move on Aug. 13. That was 84 days before the election, violating the federal National Voter Registration Act, better known as motor-voter, which prohibits deleting names from election lists within 90 days of an election.
“As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law,” said Assistant Attorney General Kristen Clarke.
She said the lawsuit should be a warning to other states.
Alabama Secretary of State Wes Allen said at the time that his office had identified 3,251 names of people on the lists to whom Homeland Security had issued what he called a “noncitizen identification” number. His office instructed registrars to inactivate those names and “initiate steps” to remove those who were found to be noncitizens.
Mr. Allen said Homeland Security refused to cooperate with his efforts.
He said it’s “possible” that some of the people the feds had issued the numbers to had later achieved citizenship and the process he started would allow them to verify their citizenship status.
Ms. Clarke said they determined that some of the people targeted were native-born citizens, which runs counter to the state’s claim that all of the targets were issued noncitizen identification numbers.
Mr. Allen declined to comment Friday on the lawsuit but defended the gist of his actions.
“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,” he said in a statement.
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