Secretary of State Wes Allen said on Tuesday that he is not backing down to "threats" after a coalition of liberal groups sent him a letter demanding he retract his new policy of removing noncitizen voters from Alabama's rolls.
The coalition sent Allen the letter on Tuesday, threatening possible legal action against the state if Allen did not halt his purge on noncitizen voters, claiming it violates the National Voter Registration Act (NVRA).
Last week, Allen announced that his office identified 3,251 noncitizen voters on the state's rolls and had instructed Boards of Registrars in all 67 Alabama counties to inactivate and initiate steps necessary to remove them and any other ineligible voters from the voter file.
Allen said the voters were identified through noncitizen identification numbers, also called alien identification numbers, issued by the Department of Homeland Security.
The letter was sent by a coalition of several advocacy groups, including the Campaign Legal Center, ACLU of Alabama, Alabama Coalition for Immigrant Justice, Alabama Values Progress, The American Civil Liberties Union, The Fair Elections Center, Alabama League of Women Voters, Legal Defense Fund, Alabama NAACP, The Southern Poverty Law Center and United Women of Color.
The coalition argued that Allen's purge violated federal law in several ways—namely, the 90-day buffer in the NVRA.
"[The NVRA] requires that states complete 'any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters' 'not later than 90 days prior to the date of a . . . general election for Federal office,'" the letter reads.
It continues, "Alabama may not take any steps to implement any program to systematically remove voters within this 90-day "quiet period." You announced your purge program on August 13, 2024—only 84 days before in-person voting on November 5, even fewer before the start of absentee voting, and undoubtedly within the 'quiet period.'"
In his announcement, Allen acknowledged that some individuals who were issued noncitizen identification numbers may have become naturalized citizens since receiving their number. He stated that naturalized citizens could update their information on a voter registration form to vote in the state's elections once they were verified.
The coalition argues that Allen's requirements for now-naturalized citizens violate the NVRA's limitation on proof of citizenship, which requires only an attestation under penalty of perjury that the registrant is a U.S. citizen.
"Under the NVRA, a state voter registration form 'shall include a statement that (A) specifies each eligibility requirement (including citizenship); (B) contains an attestation that the applicant meets each such requirement; and (C) requires the signature of the applicant, under penalty of perjury,'" the letter states.
"Not only would Alabama's new voter purge program purge many of the likely thousands of Alabama voters who are naturalized citizens, but this heightened requirement violates the NVRA's minimal requirements provision and otherwise does not comply with the NVRA's attestation provision for voter registration."
Allen told 1819 News he wouldn't bow to the activists' demands.
"I will not bow down to threats from ultra-liberal activist groups who will stop at nothing in their quest to see noncitizens remain on Alabama's voter rolls," he said.
In addition to demanding the complete cessation of the program, the coalition demanded that Allen's office do the following:
1. Issue a public statement that no person shall be removed from Alabama's voter rolls pursuant to the Program and that no person shall be removed from Alabama's voter rolls based on the fact of having previously been issued an identification number as a noncitizen by the Department of Homeland Security; and
2. Provide notice to any and all individuals contacted or noticed pursuant to the Program that they remain registered to vote in Alabama elections, including the November 2024 election, and that no further action on their part is needed.
The group also demanded a litany of records from Allen's office related to the program and communications with other state agencies.
The complete letter can be found below.
SOS letter. by Craig Monger on Scribd
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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