The DOJ quietly issued new voter-roll guidance, which a critic warns may "intimidate" election workers.

Last week, the Department of Justice (DOJ) quietly published new guidelines on voter roll removal limits, which former DOJ attorney Gene Hamilton claims is an attempt to "intimidate" state and local election officials.

According to Hamilton, the Department of Justice and Civil Rights Division is trying to intimidate state and local jurisdictions and election officials from performing their duties through an perceived attempt.

The DOJ issued a new guidance document on Sept. 9, reminding states of the need to ensure that voting rolls are in compliance with federal law and are not discriminatory.

"The Justice Department's Civil Rights Division, led by Assistant Attorney General Kristen Clarke, emphasizes the importance of ensuring that every eligible voter can vote and have their vote counted in order to maintain a strong democracy. As Election Day approaches, it is crucial for states to comply with all federal laws that protect the rights of eligible voters to remain on voter lists and to vote without discrimination or intimidation."

The National Voter Registration Act provides guidance that does not prohibit states from removing ineligible voters, such as those who have committed fraud or are noncitizens. Additionally, states can remove voters who have died, been convicted of a felony, or declared mentally incompetent, as confirmed by an analysis by the Heritage Foundation's Hans A. von Spakovsky.

The guidance from the DOJ may discourage local officials from using legal tools to verify voter eligibility, as it may be interpreted as overly restrictive or as a way to hinder efforts to accurately maintain voter lists, which must be uniform and nondiscriminatory.

Hamilton stated that what they're attempting to achieve is to discourage individuals from performing actions that are logical and reasonable.

The updated guidelines prohibit removals from voter lists within 90 days of a federal election, regardless of whether the process is initiated by the state or a third party.

In April 2024, over 35,000 registered voters in Arizona were not able to vote in all elections due to not providing proof of citizenship, according to the Arizona Secretary of State’s Office. As a result, a watchdog group in Hamilton sued 15 counties in Arizona for allegedly refusing to remove these voters from the state's voter rolls.

On Tuesday, nearly 100,000 Arizona voters' citizenship status was in question due to a state error, while House Speaker Mike Johnson, R-La., announced that he will advance a chamber-wide vote to prevent a government shutdown with a bill to address noncitizen voting.

Hamilton stated that the Department of Homeland Security appears uninterested and unwilling to assist in identifying ineligible voters on voter rolls, and many state officials are not fulfilling their duties.