The Department of Justice (DOJ) quietly released new guidelines last week limiting when and how jurisdictions can remove voters from voter rolls, a move designed to “intimidate” state and local election officials, former DOJ attorney Gene Hamilton said.
“I view this as an attempt by the Department of Justice and the Civil Rights Division to intimidate state and local authorities, state and local election officials, from doing their jobs,” Hamilton told Fox News Digital.
On September 9, the Department of Justice issued a new guidance document ahead of the election reminding states that “voting rolls must comply with federal law and be compiled in a non-discriminatory manner.”
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“Ensuring that every voter can vote and that their vote is counted is critical to maintaining a healthy democracy and is the Department of Justice's top priority,” Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said in a statement. “As we approach Election Day, it is critical that states comply with all aspects of federal law that protect voters' rights to remain on voter rolls and to cast their ballots without discrimination or intimidation.”
The guidelines follow those of the National Voter Registration Act, which makes clear that they do not prevent states from removing ineligible voters, such as those who have committed fraud or are not citizens. The guidelines also confirm that states can remove people who are deceased, convicted of a felony, or declared mentally incompetent, according to an analysis by Hans A. von Spakovsky of the Heritage Foundation.
But Hamilton, the senior counsel at America First Legal, said the guidance could discourage local officials from using lawful means to verify voter eligibility. The guidance, while intended to ensure compliance with legal standards, suggests it could be interpreted as overly restrictive or as a means to impede efforts to accurately maintain “uniform and non-discriminatory” voter rolls, the Justice Department said.
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“What they're trying to do is try to stop people from actually doing common sense, reasonable things,” Hamilton said.
The updated guidelines also prohibit removal from voter rolls within 90 days of a federal election. These rules apply to both state-led and third-party-led processes.
Hamilton's watchdog group filed suit last month against 15 Arizona counties for refusing to remove thousands of illegal immigrants from their voter rolls. The lawsuit alleges that more than 35,000 Arizona voters have not provided proof of citizenship as of April 2024, making them eligible to vote only in federal elections, according to the Arizona Secretary of State's office.
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And on Tuesday, a state error called into question the citizenship of about 100,000 Arizona voters just before mail-in ballots were scheduled to be sent out. Also on Tuesday, House Speaker Mike Johnson, R-Louisiana, said the full House would vote on a bill to address voting for non-citizens in order to avert a government shutdown.
“The problem is that the Department of Homeland Security in particular does not appear to be interested or willing to assist in finding ineligible voters on voter rolls, and there are many state officials across the country who do not appear to be willing to do their jobs,” Hamilton said.
