Trump and GOP push for aggressive voter roll purges up until Election Day, testing precedent
Source: CNN Politics
PUBLISHED May 4, 2026, 4:00 AM ET
For decades, its generally been assumed that any mass purges of voter rolls had to be completed at least 90 days out from an election. But Republicans and the Trump administration are now testing the scope of the federal law that imposes that ban on systematic removal programs within three months of an election, as President Donald Trump pushes for more aggressive reviews of voter rolls for non-citizens and other ineligible voters. The Justice Department has launched a sprawling effort to obtain nearly every states voter registration file and to review those files for suspected non-citizens.
For its review, the DOJ is using a federal immigration database tool known as SAVE or the Systematic Alien Verification for Entitlements which has shown itself prone to produce false positives. Some state election officials have indicated they want the freedom to remove names in the months or weeks before an election, but other election officials along with voter advocates are concerned that eligible voters are at risk of being disenfranchised with the ramp up in the purge programs, especially as Trump tries to get more involved. They say that the so-called quiet period is needed to give eligible voters who are mistakenly caught up in such removals adequate time to get back on the rolls.
Trump and top officials in his administration been relentless in their claims that a flood of foreigners on the voter rolls have polluted elections, even though studies have shown non-citizen voting to be very rare. That the Trump administration is attempting to insert the federal government more directly in the voting process makes the Republicans legal arguments about the quiet period more concerning, said Brent Ferguson, the senior director of strategic litigation at Campaign Legal Center, which has successfully sued states for violating the National Voter Registration Acts 90-day quiet period.
It sets up a situation where the federal government itself is the actor trying to purge voters from the rolls in the days before the election, which is clearly illegal, Ferguson said. An appeals court ruled in 2014 that Florida could not use the SAVE data system to purge its rolls within 90 days of the election because of the quiet period provision in the NVRA. The Trump administration and Republicans argue that the ban does not apply to purges aimed at non-citizens and other people who should have never been registered in the first place.
Read more: https://www.cnn.com/2026/05/04/politics/voter-roll-purges-election-day
H.R.2 - National Voter Registration Act of 1993
This was also dubbed the "Motor Voter Act", enacted under President Bill Clinton.
This is the section that the 45 administration and red states openly intend on violating (from pg. 8 of the law text) -
(2XA) A State shall complete, not later than 90 days prior
to the date of a primary or general election for Federal office,
any program the purpose of which is to systematically remove
the names of ineligible voters from the official lists of eligible
voters.
(snip)
Scrivener7
(60,055 posts)kerouac2
(1,519 posts)box is checked when they are filtering out those worthy of scrubbing?
I'll take "you can bet your bottom dollar on that" for $500 Alex ...
AZLD4Candidate
(6,933 posts)vote against Republicans, since they know they are going to get their asses handed to them with both hands in November.
Welcome to the beginning, as they will obviously judge shop for someone who will rule, eventually, that the US Constitution is unconstitutional.
Baitball Blogger
(52,704 posts)Turbineguy
(40,196 posts)That used to be a thing.....
Bayard
(30,228 posts)Insisting millions of non-citizens are voting, and Dems cheat. Dems need to be publishing the actual data showing just how rarely that occurs.
They're going to be pulling out every trick as they become more desperate.
GreenWave
(12,777 posts)Man up Trump. Go face your pedo charges, enter prison where they will love you.
Sweet Rosie Red
(138 posts)I got my passport card last week. I live in a target state, and Im convinced there will be attempts to demand proof of citizenship for all kinds of government based services. Real ID in some states
is supposed to be compliant, but Krasnov can change that with a wink and nod, causing endless chaos. Invalidating passports as proof of citizenship would be much harder!
LetMyPeopleVote
(181,838 posts)trump has lost 6 of these cases. The trump DOJ has no authority for its position and so is making up authority by citing a DOJ legal memo. I was coming home from a meeting and I heard Ari Melber and Professor Mellissa Murray laugh at this stunt.
Trump DOJ Cites Its Own Legal Memo to Defend Voter Roll Demands on Eve of Appeal | Democracy Docket
— r/protectUSelections (@protectuselections.bsky.social) 2026-05-12T23:21:25.399760+00:00
https://www.democracydocket.com/news-alerts/trump-doj-cites-its-own-legal-memo-to-defend-voter-roll-demands-on-eve-of-appeal/
In a filing Tuesday, just one day before oral arguments in the Sixth Circuit Court of Appeals, DOJ submitted a newly issued internal legal opinion as supplemental authority a memo written by its own Office of Legal Counsel and published the same day it was filed.
The department told the court the memo supports its argument that the Civil Rights Act of 1960 allows DOJ to force states to hand over unredacted statewide voter registration lists and then share that data with the Department of Homeland Security (DHS).....
Rather than pointing the appeals court to a new ruling from another court backing its position, DOJ pointed to a legal opinion it wrote for itself that same day.
In other words, with real legal precedent in short supply, DOJ is now citing its own homework and asking the court to treat it like the answer key.
The OLC opinion concludes that DOJ has authority to compel states to produce voter registration lists, even if the department plans to share them with DHS or another federal unit.....
For now, DOJ is heading into argument with a legal strategy that amounts to asking the court to trust DOJs view of DOJs power even after multiple courts have already said no.
DOJ also cited its own opinion in the Ninth Circuit in its appeal to cases out of California and Oregon.
I agree with Marc Elias on this stunt
Link to tweet
LetMyPeopleVote
(181,838 posts)trump has lost 6 of these cases. The trump DOJ has no authority for its position and so is making up authority by citing a DOJ legal memo. I was coming home from a meeting and I heard Ari Melber and Professor Mellissa Murray laugh at this stunt.
Trump DOJ Cites Its Own Legal Memo to Defend Voter Roll Demands on Eve of Appeal | Democracy Docket
— r/protectUSelections (@protectuselections.bsky.social) 2026-05-12T23:21:25.399760+00:00
https://www.democracydocket.com/news-alerts/trump-doj-cites-its-own-legal-memo-to-defend-voter-roll-demands-on-eve-of-appeal/
In a filing Tuesday, just one day before oral arguments in the Sixth Circuit Court of Appeals, DOJ submitted a newly issued internal legal opinion as supplemental authority a memo written by its own Office of Legal Counsel and published the same day it was filed.
The department told the court the memo supports its argument that the Civil Rights Act of 1960 allows DOJ to force states to hand over unredacted statewide voter registration lists and then share that data with the Department of Homeland Security (DHS).....
Rather than pointing the appeals court to a new ruling from another court backing its position, DOJ pointed to a legal opinion it wrote for itself that same day.
In other words, with real legal precedent in short supply, DOJ is now citing its own homework and asking the court to treat it like the answer key.
The OLC opinion concludes that DOJ has authority to compel states to produce voter registration lists, even if the department plans to share them with DHS or another federal unit.....
For now, DOJ is heading into argument with a legal strategy that amounts to asking the court to trust DOJs view of DOJs power even after multiple courts have already said no.
DOJ also cited its own opinion in the Ninth Circuit in its appeal to cases out of California and Oregon.
I agree with Marc Elias on this stunt
Link to tweet