The U.S. Department of Justice (DOJ) warned Arizona election officials on Tuesday that the state must comply with the National Voter Registration Act (NVRA), specifically the “90-day rule” prohibiting systemic voter roll purges before federal elections. The DOJ indicated that failure to adhere to these federal mandates could result in legal action to ensure voters are not illegally removed from registration lists.
DOJ Warns Arizona Over Voter Roll Maintenance
The U.S. Department of Justice sent a formal letter to Arizona Secretary of State Adrian Fontes stating that federal law prohibits the systemic removal of voters from registration lists within 90 days of a federal election. According to the Department of Justice, this requirement under the National Voter Registration Act (NVRA) prevents administrative errors or aggressive purging efforts from disenfranchising eligible voters shortly before they head to the polls.
The warning comes as Arizona continues to navigate disputes over voter roll accuracy and maintenance. The DOJ letter emphasizes that while states have the authority to maintain accurate lists, they cannot execute large-scale removals during the restricted window preceding an election.
Understanding the NVRA 90-Day Rule
The National Voter Registration Act of 1993, often called the “Motor Voter” law, establishes national standards for voter registration. A core component of this act is the 90-day quiet period. During this time, states are banned from conducting “systemic” programs to remove voters, such as those based on data matching or change-of-address forms, unless the voter has explicitly requested removal or is deceased.
Federal law allows for individual removals—such as when a person moves or dies—but it forbids the kind of bulk cleaning that could lead to mass challenges of voter eligibility. The DOJ maintains that these protections are necessary to prevent voters from discovering they’ve been purged only after arriving at a polling place.
The Conflict Between State Maintenance and Federal Law
Arizona officials have faced pressure to aggressively clean voter rolls to remove ineligible non-citizens and deceased residents. However, the DOJ’s intervention highlights a recurring legal tension: the balance between state-led “election integrity” efforts and federal protections against voter suppression.
According to the Arizona Secretary of State’s Office, the state employs various methods to verify eligibility, but the timing of these removals must align with federal windows. The DOJ’s letter serves as a reminder that state-level priorities do not override the NVRA’s timeline.
Potential Legal Consequences for Non-Compliance
The DOJ’s letter isn’t just a suggestion; it’s a notice of potential litigation. If the Department finds that Arizona is violating the NVRA, it can file a civil lawsuit in federal court to stop the purges. In extreme cases of intentional misconduct, the Department of Justice has the authority to pursue criminal prosecutions against officials who willfully violate federal voting rights laws.
Past precedents show that federal courts often side with the NVRA when systemic purges occur too close to an election. Such rulings typically force states to restore purged voters to the rolls immediately, often via provisional ballots.
NVRA Compliance Comparison
| Action | Permitted During 90-Day Window | Prohibited During 90-Day Window |
|---|---|---|
| Individual Removals | Yes (e.g., death, written request) | N/A |
| Systemic Purges | N/A | Yes (e.g., bulk data matching) |
| Address Updates | Yes (updating records) | No (removing based on address) |
Common Questions About Voter Roll Purges
- What is a “systemic” purge? A systemic purge is a large-scale effort to remove groups of voters based on a shared characteristic or data point, rather than an individual’s specific status.
- Can I still be removed from the rolls? Yes. If you move out of state, die, or request to be removed, officials can update the rolls regardless of the 90-day window.
- What should I do if I’m purged? Voters should check their registration status through the Arizona Secretary of State’s portal and register again if necessary.
The DOJ’s warning places Arizona under federal scrutiny as it prepares for upcoming election cycles. The outcome depends on whether the Secretary of State’s office adjusts its maintenance schedules to fit the federal window or continues its current trajectory, potentially triggering a federal lawsuit.
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