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Judge Orders Stop to 'Inactive' Voter Classification of Noncitizens

 October 20, 2024

A federal judge has decided to halt Alabama's election program that categorized voters as noncitizens, a move raising concerns about compliance with federal voter registration laws.

The decision was made as worries about its potential to disenfranchise voters in the lead-up to the November elections surfaced from both the Department of Justice and civil rights groups, as Breitbart reports.

The initiative, led by Alabama Secretary of State Wes Allen, began in August. It aimed to identify and flag voters listed as noncitizens.

Citing data from the Department of Homeland Security, the program flagged 3,251 individuals who allegedly possessed noncitizen identification numbers. The intention was to clear voter registration lists of potential noncitizen voters.

DOJ and Civil Groups Challenge Timing

However, the timing and accuracy of this program quickly became concerns among federal and civil rights entities. Many of those flagged had received notification of their new, "inactive" voting status and a pending eligibility review. The Department of Justice's assessment found that the list included both native-born and naturalized citizens, sparking worries about inadvertent voter suppression.

Assistant Attorney General Kristen Clarke emphasized that the program violated existing rules against list adjustments within 90 days of an election as described in the National Voter Registration Act.

Her assertions regarding this timeline clashed with Allen's steadfast intent to prevent noncitizens from voting in Alabama elections. Allen has reportedly testified before a U.S. Senate Committee to stress the importance of the issue.

Court Proceedings Address the Directive

On Tuesday, Judge Anna M. Manasco entered the legal arena, ruling in favor of suspending the program until after the November election concludes.

Manasco acknowledged the program's timing would unjustly impact voters so close to election day. The judge highlighted that the state has already begun efforts to correct the voter status of individuals wrongly flagged.

"Our intent must be compliant," Judge Manasco noted, expressing that any manageable corrections made before the 90-day deadline could avert complications in the future.

Despite agreeing to halt the program, Manasco did not extend her ruling beyond November 5 or address claims of potential discrimination that surfaced during the proceedings.

Political and Legal Reactions Continue

Civil rights organizations also approached the court with their grievances about the program's implementation. They argued that the actions injected widespread confusion and doubts into the 2024 voting process. Kathryn Huddleston represented these voices, expressing serious concern over the upheaval this initiative had caused.

As the program took shape, over 2,074 out of the 3,251 flagged individuals were verified as legitimate voters in court proceedings.

Judge Manasco admonished the state's initial move to report all flagged voters for criminal investigation, remarking that no corrective measures had otherwise been enacted.

Clarke underscored the clear and unequivocal nature of list maintenance restrictions ahead of elections, a stance that ultimately resonated with the judge.

Her arguments remain a poignant reminder of the legal frameworks governing elections and the fine balance between security and access.

Future of Alabama Voter Integrity Programs

With this latest judicial intervention, the conversation around voter integrity and security in Alabama remains active and vital. Secretary Wes Allen remained transparent about his motivations, reiterating his commitment to removing noncitizens from participating in state elections.

Future deliberations may continue to explore the avoidable disruptions from ignorant administrative decisions. Manasco's ruling reflects the notion that vigilant, balanced efforts toward election security can coexist without marginalizing legitimate voters.