The survival of any nation, any republic, like the United States, depends on defined, enforced borders and trustworthy elections. Right now, our republic has neither. Our borders have been thrown wide open to all and sundry since, oh, let me think, January of 2021, and now the Harris/Biden administration has filed a lawsuit against the sovereign state of Alabama over that state’s attempts to remove non-citizens from the voter rolls. This is a lawsuit that could have far-ranging implications.
On Sept. 9, the Department of Justice (DOJ) issued guidance seemingly threatening legal action against governmental authorities and election integrity watchdogs who might work with them to clean voter rolls, should they endeavor to do so within 90 days of Election Day. The Biden-Harris DOJ claims such actions would violate the so-called “quiet period” provision of the National Voter Registration Act (NVRA) of 1993.
Now, the DOJ has made good on that threat, filing a lawsuit against the state of Alabama that could have national repercussions. At issue is an effort initiated by Alabama Secretary of State Wes Allen on Aug. 13 — some 84 days from Election Day 2024 — to inactivate and seek to remove non-Americans among a population of 3,251 individuals registered to vote in the state but who have been issued noncitizen identification numbers by the Department of Homeland Security.
What possible reason could the Department of Justice have for joining this effort? What possible reason could they have for preventing a state from carrying out one of the duties assigned to it specifically by the Constitution – managing elections and in so doing, ensuring that the voter registration rolls are limited to those who are legally eligible? This action comes only weeks before a general election when early and mail-in voting in several states has already begun.
Here’s more background:
Acknowledging that some of the 3,251 individuals might have become naturalized citizens after being issued noncitizen identification numbers, Allen indicated eligible voters would be able to update their information on a state voter registration form and vote in forthcoming elections.
Allen also instructed the state’s attorney general to probe and potentially criminally prosecute registered voters who had been issued noncitizen identification numbers.
A month later, the Alabama Coalition for Immigrant Justice and a slew of like-minded groups sued the state, alleging the list maintenance effort discriminatorily targets and burdens naturalized citizens and U.S.-born citizens wrongly swept into the state’s review, violating the U.S. Constitution and Voting Rights Act, and the NVRA’s aforementioned “quiet period” prohibitions.
On Sept. 27, the DOJ filed its own suit, also alleging Alabama’s list maintenance effort violated the NVRA’s “quiet period,” whereafter the two cases were consolidated. On Wednesday, Alabama filed a motion to dismiss the case.
In other words, pro-immigrant activist groups got involved, and the Harris/Biden Justice Department only then jumped on the bandwagon. It’s unclear, precisely, how the state’s action can “discriminatorily” target naturalized citizens, when they are legally entitled to the franchise; the “discriminatorily” targeting is focused not on those people, but on non-citizens.
That activist groups like the Alabama Coalition for Immigrant Justice are, to some extent, understandable in being involved in this action. They aren’t concerned about election integrity or the role state legislatures play in elections, as defined by the Constitution. Their portfolio is advocating for immigrants, and, likely, they aren’t overly concerned with election integrity. But the Justice Department, now that’s a different story – and they are taking this action at a time when we are seeing a surge in Republican registrations in some key areas.
Feature? Or bug?
See Related: Pennsylvania Coming in Hot for GOP As Number of Voters Registering Republican Surges
Rigging the Vote? Union Sends Election Advertising to Missouri Non-Citizen Members
Here’s the thumbnail: The Harris/Biden Justice Department is interjecting itself into a state matter, the management of election rolls, with the likely effect of extending the ability to vote to non-citizens. There isn’t really any other way to look at this; Alabama is trying to clean up its voter registrations, and the federal government is moving to block that effort. If the Justice Department can block Alabama from removing non-citizens from the voter rolls, they will proceed to block other states from doing likewise.
A nation, a republic, cannot survive without defined, enforced borders and trustworthy elections. The Harris/Biden administration seems determined to make sure we have neither.
