The 2024 general election has sparked nationwide debates regarding the legitimacy of states’ electoral processes. Many Republican officials have been acting to thwart any doubts regarding non-United States citizens and unregistered voters taking part in the upcoming election. On Sept. 27, the U.S. Department of Justice (DOJ) filed a lawsuit against the state Alabama and Wes Allen, the Alabama Secretary of State, which alleged that a new state program violated federal law by removing voters from election rolls 84 days before the presidential election. Also ,the state’s sudden adoption of a voter removal process this close to the general election is a violation of federal law, which will not only add to the misinformation and fearmongering of noncitizen and immigrant communities but also to mistrust in the country’s electoral process.
On Aug. 13, Allen had quickly announced that his administration would be taking action to “remove noncitizens registered to vote” from the state’s election roll. In Wes Allen’s official statement, he described the pursuit and worthwhile effort to create the “cleanest and most accurate voter file.” According to the statement, Allen identified 3,251 individuals who are currently registered to vote in Alabama that the Department of Homeland Security issued noncitizen identification numbers to. In the past, name removal from a state’s voter file usually occurred in three instances: when an individual has been convicted of a particular crime, when someone has asked to be removed from the registry or when someone has died.
Alabama and other states are not allowed to systematically remove names from voter registration fewer than 90 days before a federal election. In the Justice Department’s lawsuit, they argued that the state Alabama and top election officials had violated the 1993 National Voter Registration Act, specifically the “Quiet Period Provision” which explains that states are only allowed to remove the names of ineligible voters from the official registry of eligible voters up until 90 days before a primary or general election. The state of Alabama allegedly began its process 84 days before the general election, six days after the deadline. The DOJ explained that states are able to remove names for various reasons and in various ways. However, states cannot systematically remove individuals this close to the election. Allen asked the federal government to assist in providing a list of noncitizens in Alabama, which is an unconstitutional process that infringes on the protected rights of individuals. In response, the DOJ declined his request several times.
One issue that has risen since Alabama’s implementation of removal is the presence of native-born and naturalized citizens receiving notices that they have been placed on the path for removal from the state’s eligible voter registry. In Allen’s official statement, he said that it was possible that some of the 3,251 individuals who were issued noncitizen identification numbers have become naturalized citizens and are eligible to vote. In other words, the process is infringing upon the constitutional right to vote for many in Alabama. Allen’s office stated that it would allow those naturalized citizens to update their information on a voter registration form, but due to the close proximity to the election, they may not be able to be certified by the general election.
Alabama’s implementation of a voter removal process adds to the misinformation and vilification surrounding immigrant and noncitizen communities in the United States. The instances of noncitizen voting are extremely rare. Since 1996, federal law has banned noncitizens from voting in federal elections. Under the 1996 law, noncitizens who vote in a federal election can face a hefty fine, a year-long prison sentence and/or deportation from the United States. Alabama’s actions are another attempt by Republicans to fearmonger immigrant and noncitizen communities. In the 2024 election, immigration has been a key issue among voters and prominent political figures. The false notion that undocumented immigrants are affecting federal elections has been promoted since the beginning of the 20th century, but it has been reignited with the increase of migrants at the southern U.S. border. The promotion of this false notion has added to a larger distrust in legitimacy of the United States election process. It’s important to note that it is extremely difficult for non-citizens to participate in federal and state elections due to it being illegal under federal law. The federal government passed a law in 2002 that required voting applicants to provide their driver’s license or their Social Security number, which serves as a citizenship check.
Alabama’s actions to remove voters from the eligible voter registry is a violation of federal law, adds to the misinformation around immigrant communities in the United States, and further undermines the legitimacy of the electoral process. The native-born and naturalized citizens of the United States unjustly receiving notices of their removal from the eligible voter registry is unconstitutional and another manifestation of voter suppression before the election.
Indranil Kar, FCRH ’26, is a political science and Arabic major from St. Louis, Mo.
