Jemma Stephenson, Alabama Reflector

A federal judge Tuesday appeared inclined to grant a preliminary injunction against an attempt to remove voters state officials claim are noncitizens.

U.S. District Judge Anna Manasco said she believed the U.S. Department of Justice (DOJ) was likely to succeed to in its arguments that the move from Alabama Secretary of State Wes Allen in August violated the National Voter Registration Act (NVRA) and a requirement that election changes take place no later than 90 days before an election.

But Manasco said that her thoughts were preliminary, and she needs look at the standing of the private plaintiffs.

Allen moved to “inactivate” voters who he said had noncitizen identification numbers. A group of individual plaintiffs and voting groups sued last month, arguing the move violated the NVRA and alleged that naturalized citizens had been caught up in it. The DOJ filed its own lawsuit later that month.

In response to questions, Allen’s office sent a statement they had sent previously, in which Allen said it was his “constitutional duty to ensure that only American citizens vote in our elections,” but declined further comment due to the litigation.

Messages were left with the Attorney General’s Office, the Civil Rights Division of the Department of Justice and organizations of the plaintiffs’ attorneys. The Campaign Legal Center, one of the organizations representing the plaintiffs, said they were unable to provide a statement Tuesday afternoon.

The attorney general’s office and the DOJ filed separate arguments in the case on Monday. The attorney general’s office argued that four private individual plaintiffs in the lawsuit lacked standing because they are active in the voting system and can vote this election. They wrote that the organizations lacked standing because they could not articulate a harm to their members and could not sue on their own behalf.

The office also argued the 90-day limit was irrelevant because the removals were individual and not systemic. The state, the brief said, is allowed to verify and act on registrations after registration, such as in change of address situations.

“Voters are not removed merely for their presence in a database; they are asked to engage on a case-by-case basis with the State about their status,” the filing said.

The attorneys wrote that the plaintiffs did not state viable discrimination claims because they argued that the secretary of state’s actions targeted and burdened naturalized citizens. The state argued that the reasoning for the action was more likely to protect election integrity than to be discriminatory.

“Here, the more likely explanation than discrimination is exactly what the secretary has said — that he has an interest in protecting election integrity and ensuring only lawful votes are cast,” they wrote.

Defendants also wrote that the form and the threat of prosecution did not burden the right to vote.

“There can be no burden on the right to vote stemming from the attorney general tweeting that violators of election laws will be prosecuted,” they wrote. “Prosecuting crimes is his job.”

The DOJ argued that the state violated the 90-day provision, known as the quiet period provision, and that the state’s actions would be covered in part because of an increased risk of affecting an election as it gets closer.

Attorneys for DOJ, which is seeking a “remedial mailing” to provide clear information on voters’ status, also wrote that the state disregarded the confusion they caused and misrepresented the relief needed, writing that that voters would need to fix their inactive status before they could vote.

“A remedial mailing directed by this court would allay voter fears and confusion and put a definitive end to the shifting guidance offered to registrants targeted by the program,” they wrote.

DOJ argued that state officials did not understand the difference between the private plaintiffs and the United States, which is harmed by a violation of federal law. They also wrote that the defendants diminished legitimate concerns by U.S. citizens harmed by the program.

“The requested injunction balances informing eligible citizens of their voting rights and advising noncitizens that they are ineligible to vote in accordance with the enacted purposes of the NVRA,” they wrote.

The court will reconvene Wednesday morning.

Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on Facebook and X.

The U.S. Department of Justice said late last week it was suing Alabama Secretary of State Wes Allen over a program removing voters from voter rolls.

“The right to vote is one of the most sacred rights in our democracy,” wrote Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division in a Friday news release. “As Election Day approaches, it is critical that Alabama redress voter confusion resulting from its list maintenance mailings sent in violation of federal law.”

The DOJ lawsuit follows a lawsuit filed on Sept. 13, which alleged that Allen’s move to remove non-citizens from the voter rolls breached several portions of the National Voter Registration Act, the Voting Rights Act and the 14th Amendment.

U.S. District Judge Anna Manasco Saturday wrote she would consolidate the two lawsuits, barring an objection from either side.

Allen said in a statement Monday that it was his “constitutional duty to ensure that only American citizens vote in our elections,” but declined further comment, citing the ongoing litigation.

The move affected about 3,200 voters, and the plaintiffs in the earlier lawsuit include naturalized citizens who were wrongfully removed. The DOJ filing said that 717 affected voters had been restored to active status as of Sept. 19.

A message was left with the Attorney General’s Office Monday morning.

DOJ attorneys wrote that the announced plan to remove noncitizens came 84 days before the election, which included both naturalized and native-born U.S. citizens.

That, they said, violated the “Quiet Period Provision” of the National Voter Registration Act, which requires states to complete systematic programs to remove names of ineligible voters from registration lists no later than 90 days before federal elections.

DOJ attorneys asked the court to enjoin the state from “future non-compliance with the section” and to ensure that voters impacted by the policy are restored to the rolls or can register again.

They also asked the court to direct the state to send a “remedial mailing” to voters who did not ask to be removed from the rolls telling them they have been restored to active status; can cast a regular ballot on election day; advising U.S. citizens that their inclusion doesn’t mean they are ineligible to vote or subject them to criminal prosecution and advising non U.S. citizens that they remain ineligible.

DOJ also wants the state to provide “prompt and clear” information to the public about the halting and reversing of the program and that impacted eligible voters can vote on Election Day, and “to take all reasonable and practicable efforts to educate county officials and poll workers concerning the cessation of the Program, the restoration of impacted voters to active status, and the ability of impacted voters to cast a regular ballot without submitting supplemental paperwork or documentation;” and ordering “additional relief as the interests of justice may require.”

Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on Facebook and X.

An Alabama state representative had a protective order filed against him Friday after allegedly making violent threats against another person.

The petition for protection from abuse attached to the order in the filing in the Circuit Court of Marion County said that Rep. Tracy Estes, R-Winfield, verbally threatened the recipient of the order for two hours. The person said she was afraid she would be seriously injured and that Estes threatened to hurt her.

A message was left at a number listed in Estes’ campaign filings. No attorneys for either party were listed in online records early Saturday afternoon.

House Speaker Nathaniel Ledbetter, R-Rainsville, said in a statement Saturday via spokesperson that he is aware of the situation and he has confidence that “our justice system will determine an appropriate course of action.”

“Alabamians deserve the very best from their elected officials, and it’s my expectation that House members are beyond reproach in both their professional and personal lives,” he wrote.

Estes was first elected to the Alabama House of Representatives in 2018 and re-elected in 2022. He previously served on the Marion County Board of Education. according to Ballotpedia.

Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on Facebook and X.

The chair of the Alabama Republican Party is now the chair of the Alabama Public Library Service Board.

John Wahl, who has been chair of the party since 2021, became chair of the APLS Thursday.

“I hope that I will be known for someone who encourages reading and a love for reading and being a public servant that tries to listen to the people of Alabama and do a good job,” he said in a Thursday phone call.

Wahl has served on the board since 2022 and cited former state Republican chair Elbert Peters serving on the APLS board before him. J. Elbert Peters was listed as the District 5 member before Wahl in a May 2022 Wayback Machine screenshot.

According to an Al.com obituary, Peters was Republican chair from 1992-1995.

“This is not something that is new or unusual,” he said. “A lot of political boards have partisan positions appointed to them.”

The appointment of Wahl, an outspoken advocate of restrictions on library content approved by the APLS earlier this year, drew criticism.

Wahl, in his role on the board of directors, proposed a policy of cataloging potentially inappropriate books. He also supported a proposal from Gov. Kay Ivey for libraries to lose state funding if they do not adopt policies restricting sexually explicit materials, as deemed by the board.

Critics have said those policies are vague and target books with LGBTQ+ characters and themes. In Prattville, a group that became Clean Up Alabama, which supports book restrictions, grew out of a parent’s complaint that a book in that library used inclusive pronouns.

Messages were left with a member of Clean Up Alabama on Thursday.

In a statement Thursday, Read Freely Alabama, an activist group opposed to censorship in libraries that formed in opposition to Clean Up Alabama, called Wahl an “anti-library extremist” whose positions are “dangerous to Alabamians’ First Amendment rights and the public library’s mission of intellectual freedom.”

“For the past year, Mr. Wahl abused his position as Alabama GOP chair and APLS board member to collude with extremist groups Moms For Liberty and Clean Up Alabama in attacking libraries for books about LGBTQ communities and racial justice, as well as books written by Black and Indigenous authors in Alabama,” the statement said.

Wahl said Thursday that his intent with the policies was not intended to be read as code for LGBTQ+ content and does not mention LGBTQ+, and is meant to be content similarly left out of video games, TV and movies.

“I do not see the policy changes being aimed or directed at any community, and I certainly am sorry if anyone takes it that way, because I don’t think the wording improves that, and it was definitely not my intent, with my part in pushing for those, advocating for those changes,” he said.

He said he thinks his role as GOP chair will make him more of an asset to APLS to secure funding for local libraries, working with the Legislature and “whatever may come up in the political realm.”

“A good board is made up of people from many different backgrounds,” he said.

Wahl also said he thinks young people don’t read as much as they have in the past.

“I want to take the APLS board in a direction that is new, innovative, and really seeks to be able to connect with young people across Alabama and help foster an environment where they love reading, and are able to really get involved with local libraries and learn to love books,” he said.

Two examples he provided would be the Board having “action days” where they bring books and read to students at school and tell them why reading is wonderful and expand their horizons; and having a writing contest that local libraries can participate in where winners from each district can be recognized by APLS.

“I really feel like the APLS board has done a good job listening to the public on the issue of the sexually-explicit material in children’s sections. We address concerns of parents and citizens across the state, and I really want the APLS to focus on new directions of reaching out to people and helping local libraries be more successful with their local communities,” he said.

Alabama Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Contact Editor Brian Lyman for questions: info@alabamareflector.com. Follow Alabama Reflector on Facebook and X.