DOJ Guidance on Voter Roll Maintenance Raises Concerns Among Election Officials

The Department of Justice (DOJ) has issued new guidelines limiting when and how jurisdictions may remove voters from their rolls, a move that some election officials say may hinder efforts to ensure the accuracy and integrity of voter lists ahead of the 2024 presidential election.

The Department of Justice (DOJ) has published new guidance addressing limits on when and how jurisdictions may remove voters from their voter rolls, a move that has sparked concerns among some election officials. The guidance, which was issued on Sept. 9, aims to remind states of their obligation to maintain accurate voter lists in compliance with federal law and in a nondiscriminatory manner. However, critics argue that the guidance may discourage local officials from using lawful tools to verify voter eligibility and could make it more difficult to remove ineligible voters from the rolls.

"This is what I perceive as an attempt by the Department of Justice and Civil Rights Division to intimidate state and local jurisdictions and state and local election officials from doing their jobs," said Gene Hamilton, a former DOJ attorney and senior counsel of America First Legal.

DOJ Guidance on Voter Roll Maintenance Raises Concerns Among Election Officials

The guidance follows the National Voter Registration Act guidelines, clarifying that it does not prevent states from removing ineligible voters, such as those who committed fraud or are noncitizens. The guidance also confirms that states can remove voters who have died, been convicted of a felony, or declared mentally incompetent. However, Hamilton and other critics argue that the guidance may be interpreted as overly restrictive or as a way to hinder efforts to accurately maintain voter lists.

"What they're trying to do is they're trying to chill people from actually doing the very things that are common sense and that makes sense," Hamilton said.

DOJ Guidance on Voter Roll Maintenance Raises Concerns Among Election Officials

The updated guidelines also prohibit removals from voter lists within 90 days of a federal election. These rules apply to both state-initiated and third-party-driven processes. Critics argue that this provision could make it more difficult to remove ineligible voters from the rolls in a timely manner.

Last month, Hamilton's watchdog group sued 15 counties in Arizona for allegedly refusing to remove thousands of illegal immigrants from its voter rolls. The lawsuit claims that, as of April 2024, more than 35,000 registered voters in Arizona had not provided proof of citizenship, limiting them to voting only in federal races, according to the Arizona Secretary of State’s Office.

DOJ Guidance on Voter Roll Maintenance Raises Concerns Among Election Officials

On Tuesday, nearly 100,000 Arizona voters' citizenship status was in question due to a state error just before mail ballots were scheduled to be sent out. Additionally, House Speaker Mike Johnson, R-La., has said he will advance a chamber-wide vote to avert a government shutdown with a bill to address noncitizen voting.

The DOJ's guidance and the recent events in Arizona highlight the ongoing debate over the integrity of voter rolls and the role of election officials in ensuring that only eligible voters are registered to vote. As the 2024 presidential election approaches, these issues are likely to remain at the forefront of discussions about election administration and the future of American democracy.

DOJ Guidance on Voter Roll Maintenance Raises Concerns Among Election Officials