The Justice Department has filed a lawsuit against the State of Alabama and its Secretary of State. The suit challenges a state program aimed at removing voters from election rolls too close to the upcoming November 5 general election, which the department claims violates the National Voter Registration Act of 1993 (NVRA).
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “The right to vote is one of the most sacred rights in our democracy. As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law. Officials across the country should take heed of the National Voter Registration Act’s clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election. The Quiet Period Provision of federal law exists to prevent eligible voters from being removed from the rolls as a result of last-minute, error-prone efforts. The Justice Department will continue to use all the tools it has available to ensure that the voting rights of every eligible voter are protected.”
Section 8(c)(2) of the NVRA, known as the Quiet Period Provision, mandates that states complete systematic programs aimed at removing ineligible voters no later than 90 days before federal elections. This provision aims to protect voters from error-ridden removal programs that could cause confusion or remove eligible voters just before Election Day.
On August 13, Alabama's Secretary of State announced a process to remove noncitizens registered to vote in Alabama, which was 84 days before the general election. The Justice Department found that both native-born and naturalized U.S. citizens received letters stating their voter records had been made inactive and they were on a path for removal from Alabama’s statewide voter registration list. These letters directed recipients who are U.S. citizens and eligible to vote to complete and submit an attached State of Alabama Voter Registration Form, which instructs people not to register within 14 days before an election.
The Justice Department seeks injunctive relief to restore impacted eligible voters' ability to vote unimpeded on Election Day and prohibit future violations during the Quiet Period. Additionally, it seeks remedial mailings to educate eligible voters about their restored rights and adequate training for local officials and poll workers.
More information about voting and elections can be found at www.justice.gov/voting. Information about NVRA and other federal voting laws is available at www.justice.gov/crt/voting-section. Complaints about discriminatory voting practices can be reported through civilrights.justice.gov or by calling 1-800-253-3931.