Case Summary
The Alabama Coalition for Immigrant Justice, League of Women Voters of Alabama, and Alabama State Conference of the NAACP filed a federal lawsuit seeking to stop a new voter purge program implemented by the Alabama Secretary of State before the 2024 election. The program had flagged over 3,000 registered voters for having been issued non-citizen identification numbers, even if they had been naturalized, and also US-born voters, for removal from the voter rolls.
On August 13, 2024, Alabama Secretary of State Wes Allen announced that his office had identified 3,251 registered voters who had been issued non-citizen identification numbers, initiated their removal from the voter rolls, and referred them to the state attorney general for investigation and potential criminal prosecution. In a press release announcing the move, the Secretary admitted that some of these voters may have become naturalized citizens and were thus eligible to vote. He promised to provide them an opportunity to update their information and, if verified as citizens, be listed as eligible to vote.
It is important to note that the fact that a registered voter was previously issued a non-citizen ID number is not conclusive proof that they are not a United States citizen or that they are voting illegally. Apart from certain non-citizens who serve in the armed forces or residents of some U.S. territories, to become a naturalized citizen, immigrants must first become permanent residents of the United States. These residents are often called “green card holders.” Each permanent resident is given a non-citizen identification number by the federal government. After meeting certain eligibility requirements, a permanent resident may become naturalized as a U.S. citizen and be eligible to vote.
On September 13, 2024, the League of Women Voters of Alabama (LWVAL), Alabama Coalition for Immigrant Justice, Alabama State Conference of the NAACP, and several individual plaintiffs filed a federal lawsuit in the United States District Court for the Northern District of Alabama, alleging the removals and the referral of the group of voters to the state attorney general violated the United States Constitution and federal law.
The plaintiffs argued the removals violated the National Voter Registration Act (NVRA), discriminated based on national origin and citizenship classification under the Equal Protection Clause, violated the fundamental right to vote under the First and Fourteenth Amendments, and violated the Voting Rights Act.
On September 28, 2024, the case was consolidated with a separate lawsuit filed by the United States Department of Justice against the Alabama Secretary of State.
LWVAL was represented in this matter by the Southern Poverty Law Center, Fair Elections Center, Campaign Legal Center, and McGuire & Associates, LLC.
LWV Timeline
Alabama Secretary of State announces voter purge
Alabama Secretary of State Wes Allen announces that his office flagged over 3,000 registered voters as having been issued non-citizen ID numbers and initiated their removal from the rolls.
LWVAL files lawsuit
LWVAL and co-plaintiffs file a federal lawsuit asserting the purge of the voters violated the United States Constitution and federal law.
Plaintiffs file motion for preliminary injunction
LWVAL and its co-plaintiffs move for a preliminary injunction, requesting the court order the Secretary of State to rescind the purge unless the affected voters provided affirmative evidence of non-citizenship status and to bar criminal investigations of the voters who were purged.
Court consolidates cases
The court consolidates LWVAL's case with a separate lawsuit filed by the United States Department of Justice.
DOJ files motion for preliminary injunction
The United States Department of Justice moves for a preliminary injunction, arguing the purge was illegal as it occurred during the 90-day period before a federal election in which systemic removals of voters from the rolls are forbidden under the NVRA.
Court grants preliminary injunction
The court issues a preliminary injunction, ordering the Secretary to cease the voter purge, and to direct county registrars to reactivate the registrations of all voters who were purged, unless they requested removal, died, were convicted of a crime, or declared legally incapacitated. The order also required the Secretary to implement several other remedies.
Plaintiffs dismiss case
The plaintiffs voluntarily dismiss the case after the defendants agree to shut down the purge program at issue.