Alabama Attorney General Steve Marshall asked a federal judge on Monday to dismiss multiple lawsuits brought by the Department of Justice (DOJ) and left-wing groups against the State of Alabama and the Alabama Secretary of State Wes Allen to challenge a state program aimed at removing ineligible voters from its election rolls.
The DOJ alleges the program began too close to the November 5 general election, violating the National Voter Registration Act of 1993.
Allen announced on August 13 that his office was implementing a process of removing ineligible non-citizen voters from Alabama's rolls ahead of the November elections. Allen said he was instructing Boards of Registrars in all 67 Alabama counties to initiate steps necessary to remove everyone who is not an American citizen from the voter rolls.
Allen had reportedly identified 3,251 non-citizen voters in the state as part of the effort.
According to the DOJ, the announcement was 84 days before the November 5 general election. The Justice Department's review found that native-born and naturalized U.S. citizens had received letters stating that their voter records had been made inactive and that they had been placed on a path for removal from Alabama's statewide voter registration list.
The DOJ seeks injunctive relief that would restore the ability of impacted eligible voters to vote on Election Day and prohibit future "Quiet Period violations." The DOJ also seeks remedial mailings to educate eligible voters concerning restoring their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being non-citizens.
Allen told 1819 News in a statement in September, "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."
Marshall said in a filing on Monday that Allen's program wasn't discriminatory as the DOJ and other groups allege.
"Here, the more likely explanation than discrimination is exactly what the Secretary has said—that he has an interest in protecting election integrity and ensuring only lawful votes are cast," Marshall said.
Motion to Dismiss Voter Rolls by Caleb Taylor on Scribd
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