Democrats warn Trump admin against promoting last-minute voter purges as ‘quiet period’ begins

FILE - In this Nov. 6, 2018 file photo, people vote at Jamestown Town Hall in Kieler, Wis. Conservatives are asking a judge to find the Wisconsin Elections Commission in contempt for not immediately purging more than 200,000 voters from the rolls. A judge last month ordered the purge of voters who may have moved and didn't respond within 30 days to notification sent by the elections commission in October 2019. (Nicki Kohl/Telegraph Herald via AP, File)

Democratic senators are warning the Trump administration not to push states into conducting mass voter purges during the “quiet period” — the 90-day window before an election when federal law bars systematic removals — which began Wednesday.

The warning comes as the Trump administration argues in several cases for a weaker reading of the decades-old voter protection, while pressuring states to aggressively cull their rolls. 

In a letter to Acting Attorney General Todd Blanche and Department of Homeland Security Secretary Markwayne Mullin, the group of senators, led by Sen. Alex Padilla (D-Calif.), wrote that any federal effort to direct states to carry out large-scale voter removals during the 90-day window — including through the Department of Homeland Security’s flawed Systematic Alien Verification for Entitlements (SAVE) program — would violate the National Voter Registration Act (NVRA).

“The DOJ should also drop its litigation to obtain state voter rolls and its continued threats to prosecute election officials. As you know, DOJ has lost every federal case seeking to obtain states’ unredacted voter lists so far. We remain deeply opposed to the waste of taxpayer funds and attacks on state election officials involved with DOJ’s continued attempts to compel states to hand over unredacted voter rolls,” the senators wrote. “At an absolute minimum, DOJ must abstain from any unlawful attempts to pressure states into conducting large-scale voter purges during the 90-day quiet period.”

They asked DOJ and DHS to confirm by Aug. 7 that they will comply with the NVRA and relevant court orders.

The letter lands Aug. 5, the first day of the NVRA’s quiet period for the 2026 midterm elections.

The rule does not freeze voter rolls entirely. Election officials can still process new registrations, act on a voter’s own request to cancel their registration, record deaths and make other individualized changes allowed under state and federal law.

But it does bar broad voter removal programs close to Election Day, when eligible voters may not have enough time to discover a mistake, challenge it and get back on the rolls before voting ends.

“The 90-day quiet period exists because elections require stability, not chaos, in the run-up to Election Day,” Pamela Smith, president and CEO of Verified Voting, recently told Democracy Docket. “Congress recognized that if eligible voters are swept up in a large removal program shortly before an election, many won’t have enough time to discover the mistake and get it corrected.”

That protection is now in the crosshairs of the Trump administration and GOP’s war on voting.

In its case seeking Georgia’s voter rolls, DOJ argued that the quiet period would not prevent a state from investigating and removing voters “in an individualized fashion” if the federal government alerted the state that particular people on its rolls may be ineligible to vote.

The senators pointed to DOJ’s argument in that case directly, warning that efforts to coerce states into mass purges during the quiet period are illegal “despite DOJ arguments to the contrary in recent court filings.”

That is the core loophole voting rights advocates fear. 

Federal officials or outside groups could build lists of voters they claim may be ineligible, send those names to states and then have state officials process the removals one by one — even if the broader effort began as a systematic sweep.

“Calling a large-scale removal effort ‘individualized’ doesn’t change how it functions if the same criteria are being applied across thousands of records,” Smith said. “Labeling a bulk removal program as a case-by-case review just before an election doesn’t change its substance.”

The letter also comes as the U.S. Supreme Court is preparing to hear a Republican-backed Arizona case that could narrow the quiet period’s protections. 

The case asks, in part, whether the NVRA prevents Arizona’s citizenship-based cancellation process. The Ninth Circuit Court of Appeals held that the quiet period applies to that program, finding that broad database-driven cancellation efforts are indeed systematic, not individualized.

Republicans are asking the Supreme Court to reverse that ruling.

If the Court sides with Republicans, it could greenlight states to conduct mass voter purge programs right up to Election Day as long as removals are framed as individualized and driven by citizenship-based suspicions.

In their letter, the senators also singled out DHS’s SAVE program, a federal database that the Trump administration has promoted for checking voter citizenship status. 

In June, a federal judge in Washington, D.C., shut down the administration’s modified SAVE program, finding it was contrary to law, arbitrary and capricious, in excess of statutory authority and adopted without required procedure.

The court ordered DHS to undo the program’s bulk upload feature and dismantle its connection to sensitive Social Security Administration data.

Despite that ruling, the senators wrote that Mullin continued promoting SAVE for voter list maintenance at a July press conference. They also warned that DHS is attempting to condition certain homeland security grant funds on use of the program — a scheme that is also the subject of a federal lawsuit.

“Current use of the SAVE program for list maintenance is illegal,” the senators wrote. “Efforts to coerce states to conduct mass voter purges during the ‘quiet period’ are also illegal under the NVRA.”

That is why the start of this year’s quiet period carries unusual stakes. The federal protection is now in effect, but the Trump administration and Republicans are still working to weaken the line between barred systematic purges and permitted “individualized” updates.

The question for the next 90 days is whether the quiet period remains a real protection against last-minute voter purges — or whether the government can evade it by simply changing what it calls them.