BIRMINGHAM, Ala. — On Wednesday, a federal judge intervened to stop a controversial program in Alabama that had rendered thousands of legally registered voters inactive. This decision reinstated the active registration status for both American-born and naturalized voters ahead of the upcoming elections in November.
U.S. District Judge Anna Manasco delivered a ruling in favor of the Department of Justice and various civil rights organizations, issuing a preliminary injunction against a voter purging initiative initiated by Republican Secretary of State Wes Allen in August. Initially, Allen framed the program as an effort to identify and eliminate noncitizens from Alabama’s voter rolls.
However, litigation from the Department of Justice and a coalition focusing on immigration and voting rights claimed that the program breached federal regulations prohibiting systematic removal of individuals from voter registration lists within 90 days of a federal election.
Judge Manasco upheld this stance, noting that Secretary Allen’s office missed the critical deadline for the 2024 general elections, impacting many Alabamians who are legally entitled to participate in the voting process.
This ruling comes shortly after the Department of Justice filed a similar complaint in Virginia against voting rights violations. Under the August initiative, the secretary of state’s office had pinpointed 3,251 individuals thought to be noncitizens, based on foreign national identification numbers that had been gathered through state agencies for programs like unemployment benefits and driver’s license applications. Subsequently, local registrars were directed to mark these individuals as inactive. Though not removed from the voter rolls, this status necessitated that voters provide additional proof before being allowed to vote.
Moreover, the list of identified individuals was forwarded to the Alabama Attorney General for potential criminal action. Testimonies revealed that about 2,000 of these voters were legitimate citizens registered to vote, as indicated by Clay Helms, the Secretary of State’s chief of staff, during court proceedings.
By September, over 900 of these flagged voters confirmed their legal status. Additionally, close to 1,000 more gained reactivation once the Secretary of State’s office reconfirmed their driver’s license details shortly before the election. These reactivated voters were also sent updated voter registration cards outlining their polling information.
Unfortunately, at least 159 individuals were marked as “disqualified” following the August purging, which meant they would be removed from the voter registration lists. Many of these individuals were reported as legal voters who inadvertently submitted removal requests due to unclear guidelines provided by local election officials. Some listed themselves as noncitizens on their removal forms, based on testimonies shared in court.
Attorney Robert Overing, representing the Secretary of State, acknowledged that the office lacked a clear understanding of how many legitimately registered voters might be affected by the program. Judge Manasco condemned the decision to pursue a criminal investigation against thousands of these voters, citing the potential for “irreparable harm.”
The ruling directed the Secretary of State to inform county officials and poll workers about this situation, release a public statement, and communicate with recently reactivated voters via letters.
While Manasco confirmed that Secretary Allen could continue to remove ineligible voters, this had to be executed on an individual basis and not as part of the problematic program. During the hearing, lawyers defending the Secretary of State emphasized that no voters had been officially removed, claiming there was merely an “inconvenience” for those who needed to verify their status.
Contrarily, attorneys representing the Department of Justice and civil rights organizations accused the Secretary of State’s office of insufficiently informing voters about how to restore their registration status, contributing to ongoing confusion. Kathryn Huddleston, an attorney for the Campaign Legal Center, emphasized that this program had disrupted and complicated the electoral process for the November 2024 elections, increasing the risk of voter disenfranchisement.
The preliminary injunction will remain valid only until after the November election, with Judge Manasco specifically ruling based on the program’s timing in relation to the election date. Secretary Allen refrained from commenting due to ongoing litigation but previously stated that his constitutional responsibility is to ensure only American citizens vote.
In response to this ruling, Michelle Canter Coen, senior counsel and policy director for the Fair Election Center, remarked that the decision sends a strong message nationwide about the importance of protecting voter rights. She asserted that this represents a significant victory for both naturalized citizens and all legal voters.