Preliminary Injunction Entered in Justice Department Suit to Stop Alabama’s Systematic Removal of Voters from Registration Rolls

Wednesday, October 16, 2024

Alabama is Required to Stop Removals Between Now and Election Day and Must Return Unlawfully Deactivated Voters to Active Voter List

A federal court in the Northern District of Alabama has entered an order requiring the State of Alabama and the Alabama Secretary of State to cease a recently-implemented program to remove voters from Alabama’s voting rolls between now and the Nov. 5 general election. The court further ordered the State to issue guidance to all counties in Alabama to immediately restore deactivated voters unless those voters requested removal or are subject to removal for other reasons.

“This action sends a clear message that the Justice Department will work to ensure that the rights of eligible voters are protected,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The National Voter Registration Act’s 90 day Quiet Period Provision is an important safeguard to prevent erroneous eleventh-hour efforts that stand to disenfranchise eligible voters. The Justice Department remains steadfast in our resolve to protect voters from unlawful removal from the registration rolls and to ensure that states comply with the mandate of federal law.”

The department filed a lawsuit against the State of Alabama and the Alabama Secretary of State on Sept. 27 alleging that the Alabama Secretary of State’s voter list maintenance program announced on Aug. 13 violated Section 8(c)(2) of the National Voter Registration Act of 1993 (NVRA) by conducting a program intending to systematically remove voters within 90 days of a federal election. The court’s order requires the State of Alabama to facilitate a remedial mailing to each registrant inactivated as part of the voter removal process who has not submitted a request to be removed from the voter rolls and alert these voters that their voter status has since been reactivated.

The injunction also requires the state to work with country registrars to ensure that affected voters are notified that their inclusion in the state’s wayward removal program does not establish their ineligibility to vote or subject them to criminal prosecution for registering to vote or for voting. The injunction further requires the State to facilitate a remedial mailing to each registrant inactivated as part of the voter removal process who did submit a voter removal request advising them that if they are a U.S. citizen and otherwise meet voter qualifications, they have the right to vote. Finally, the court ordered the State to inform the Alabama Attorney General in writing that voters were inaccurately referred to the Attorney General for criminal investigation.

Individuals who are eligible voters and believe that they may have been wrongly removed from the voter rolls as a result of Alabama’s – or any other state’s – systematic removal process should contact the Civil Rights Division’s Voting Section through the internet reporting portal at www.civilrights.justice.gov or by telephone at 1-800-253-3931. More information about voting and elections, including guidance documents on the NVRA and other statutes, is available at www.justice.gov/voting. Learn more about the NVRA and other federal voting laws at www.justice.gov/crt/voting-section. Complaints about possible violations of federal voting rights laws can be submitted at www.civilrights.justice.gov or by telephone at 1-800-253-3931.

Updated October 16, 2024