Department of Justice issues guidance on voter roll maintenance as states clean up lists

The Department of Justice has issued new guidance on voter roll maintenance as states clean up their lists.

On Monday, the DOJ issued provided details on how and when voters may be removed from voter rolls.

“Ensuring that every eligible voter is able to vote and have that vote counted is a critical aspect of sustaining a robust democracy, and it is a top priority for the Justice Department,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement. “As we approach Election Day, it is important that states adhere to all aspects of federal law that safeguard the rights of eligible voters to remain on the active voter lists and to vote free from discrimination and intimidation.”

The guidance notes that voter roll maintenance must follow federal law and be conducted in a nondiscriminatory fashion. A program that systematically removes voters cannot be conducted within 90 days of a federal election. The guidance adds that the Voting Rights Act protects the right to vote.

The DOJ guidance comes as secretaries of state remove ineligible voters from their voter rolls and nonprofits file lawsuits in states where allegedly ineligible voters have not been removed.

For example, last week, America First Legal filed an amended lawsuit against all 15 of Arizona's counties for allegedly failing to remove non-citizens from their voter rolls. Meanwhile, last month, Ohio Secretary of State Frank LaRose directed county election officials to remove another 499 non-citizens registered to vote from the state’s voter rolls.