‘The chilling effect’: behind GOP-led states’ efforts to purge some voters from the rolls

Earlier this week, Texas governor Greg Abbott sent out a press release with an eye-popping headline: his state had removed more than 1 million people from its voter rolls since 2021. Among them were 6,500 non-citizens. A little under a third of those non-citizens had some sort of voting history in Texas, where there were nearly 18 million registered voters as of March, and were referred to the attorney general for further investigation.

Two days later, the governor's office quietly revised the statement posted online. Instead of saying 6,500 non-citizens had been removed, the updated version said 6,500 potential non-citizens had been removed. Renae Eze, an Abbott spokesperson, said that the statement sent out to an email list of reporters on Monday contained the phrasing "potential non-citizens". She did not respond to a query on why the version that was publicly posted initially omitted the word "potential".

The statement was the latest example of how Republican-led states are touting aggressive efforts to remove people with early voting, scheduled to begin in weeks and less than 70 days until election day. Tennessee, Virginia, Alabama and Ohio have all made similar announcements recently.

Voting rights groups are concerned these announcements are misleading, and that the efforts to purge are putting naturalized citizens - eligible voters - at risk for being removed. There is also concern that these efforts are running afoul of a federal law that prohibits systematic removal of voters from the rolls within 90 days of a federal election.

Looking closer at the Texas announcement, there were other questions. The vast majority of people removed had been cancelled for routine reasons - they had either died or moved. The number of voters cancelled for these reasons is similar to totals from past years, according to a New York Times analysis.

"Releasing these numbers without context is a thinly disguised attempt to intimidate voters of color and naturalized citizens from exercising their rights to vote, which is particularly concerning given the upcoming election," said Savannah Kumar, a voting rights attorney with the Texas chapter of the American Civil Liberties Union.

"With the state having invented the fabricated issue of widespread illegal voting as a tactic to intimidate people of color from exercising their right to vote, we're seeing now that the state has to resort to spinning otherwise ordinary data to make it look like it's addressing this invented problem."

In Tennessee, state election officials sent out notices to more than 14,000 suspected non-citizens on the eve of early voting in June, warning them of the criminal penalty they could face for voting illegally. The effort immediately drew scrutiny because Tennessee was looking to see whether someone reported being a non-citizen at the DMV to flag them as a non-citizen. That kind of comparison has been shown to be unreliable in the past, because people may get a driver's license and become naturalized citizens before they have to renew it.

The state sent out 14,375 notices, and at least 3,200 people - around 22% - responded saying they were in fact citizens. Election officials eventually admitted that those who didn't respond would not be removed from the rolls, even if they didn't respond.

In Alabama, the state's Republican secretary of state, Wes Allen, announced that his office had identified 3,251 people on the voter rolls who had received a non-citizen identification number at one point from the Department of Homeland Security. While he acknowledged that some of those people may have since become naturalized citizens and eligible voters, he nonetheless designated all of them inactive voters and requested that they prove their citizenship. All 3,251 were also referred to the Alabama attorney general's office for further investigation.

A coalition of civil rights groups sent a letter to Allen on 19 August warning him that his actions violated the National Voter Registration Act, the 1993 federal law that sets guardrails on how states can remove people from the voter rolls. Among other things it says that any systematic efforts to remove people must be "uniform" and "non-discriminatory". The state also can't complete any mass removal program within 90 days.

"We're extremely concerned about the chilling effect this has on registered voters generally speaking, and particularly newly naturalized citizens," said Kate Huddleston, a lawyer at Campaign Legal Center, one of several groups that signed on to the letter warning Alabama that it may be running afoul of federal law.

The Alabama secretary of state's office did not say how many people had responded indicating they were citizens. In Jefferson county, one of the largest in the state, 557 were flagged as potential non-citizens, according to Barry Stephenson, the county's registrar. Three people have responded to notices that went out so far, Stephenson said. Two people said they did not know how they had become registered voters. The third said they were a citizen.

One Alabama voter, a Huntsville man named James Stroop, told the local news outlet WAFF 48 that he had been wrongly flagged. The Alabama department of labor had incorrectly noted he was a non-citizen on a form years ago. Even though he had corrected the issue with the department of labor, he was still marked as a non-citizen when the agency sent data to the Alabama secretary of state.

"Imagine if Alabama's DMV had different information about a different group of voters and they knew that some vanishingly small percentage of people with green eyes were ineligible to vote for some reason," she added. "And then they pulled everyone with green eyes off the rolls. I think the problem would be obvious to everyone that you can't just deregister voters because some vanishingly small percentage of them may be ineligible to vote."

In Virginia, Governor Glenn Youngkin, a Republican, issued an executive order noting that his administration had removed 6,303 non-citizens from the rolls since taking office. That represents an incredibly small fraction of the more than 6.3 million people registered to vote in the state as of 1 July.

Like Tennessee and Alabama, Virginia is flagging non-citizens on its rolls using both data from its DMV and the Department of Homeland Security to identify potential non-citizens. Anyone removed is given 14 days to indicate they are in fact citizens. It's unclear how many of the people removed were actually non-citizens and how many simply didn't respond.

"We take seriously the potential for errors in database matching, the consequences for voters and the public at large of any erroneous removal of eligible voters from the voter registration rolls, and Virginia's recent history of mistakes and errors with data sharing protocols in particular," a group of civil rights groups wrote to Youngkin and Susan Beals, who runs the state's department of elections.

Ohio's secretary of state Frank LaRose has promoted his office's efforts to remove 137 suspected non-citizens from the voter rolls using DMV data. Several naturalized citizens have come forward to say they were wrongly flagged, including one man who said his voter registration was challenged months after he was naturalized.

"We know that the number of non-citizens who vote is a vanishingly small number based on all available evidence," Huddleston said. "By inflating the issue and sweeping in very predictably naturalized citizens, the Alabama secretary of state and others are preventing naturalized citizens from being able to vote and creating this chilling effect."