DOJ Sues Virginia for Removing Noncitizens from Voter Rolls Ahead of Election

The Department of Justice (DOJ) has filed a lawsuit against the state of Virginia, its State Board of Elections, and the Commissioner of Elections, accusing them of unlawfully removing noncitizens from the voter rolls too close to the upcoming November 5 general election. The lawsuit, announced on Friday, claims Virginia’s actions violate the National Voter Registration Act of 1993 (NVRA), specifically its “Quiet Period Provision.”

According to the DOJ, this provision mandates that states complete any systematic programs aimed at removing ineligible voters from their voter registration lists at least 90 days before a federal election. The lawsuit alleges that Virginia’s recent actions of removing noncitizens violate this provision by carrying out these purges within the 90-day window, risking confusion and potential disenfranchisement of voters.

The DOJ’s Assistant Attorney General Kristen Clarke, from the Civil Rights Division, highlighted the importance of protecting voter rights. “By canceling voter registrations within 90 days of Election Day, Virginia places qualified voters in jeopardy of being removed from the rolls and creates the risk of confusion for the electorate,” Clarke stated. She emphasized that the National Voter Registration Act’s quiet period was enacted to prevent last-minute, error-prone efforts that could disenfranchise eligible voters.

Clarke added, “The right to vote is the cornerstone of our democracy, and the Justice Department will continue to ensure that the rights of qualified voters are protected.”

This legal action comes after Virginia Governor Glenn Youngkin (R) issued an executive order earlier this year aimed at enhancing election security. Youngkin’s administration has been focused on ensuring that the 2024 elections are safeguarded against any attempts at fraud. The governor’s policies emphasize voter verification, the use of paper ballots, and transparency throughout the election process.

Key election security measures from Governor Youngkin’s order include:

• The use of 100% paper ballots with a strict chain of custody to ensure transparency.
• Counting machines, not voting machines, are used, and they are rigorously tested before each election and never connected to the internet.
• Virginia does not engage in mass mailing of ballots.
• Drop boxes for mail-in ballots are monitored 24/7 to prevent tampering.
• The state updates its voter rolls daily, verifying the legal presence and identity of voters using DMV data and other trusted sources.

Youngkin’s administration has framed these policies as essential safeguards against election fraud, a topic that has gained significant attention and controversy, particularly since the 2020 presidential election. However, the DOJ’s lawsuit suggests that Virginia’s efforts to clean up its voter rolls have crossed a legal boundary by happening too close to the federal election, which could create complications for eligible voters.

The central issue in the DOJ’s case is Virginia’s timing. The state has been conducting a program to remove noncitizens from its voter rolls based on the belief that these individuals were not eligible to vote in the first place. While Virginia’s election officials claim that their goal is to protect election integrity by ensuring only legal voters are on the rolls, the DOJ insists that the timing of the removal — less than 90 days before the election — violates federal law.

The NVRA’s Quiet Period Provision was designed to prevent last-minute purges of voter rolls, which could lead to errors and unintentional disenfranchisement of eligible voters. It is particularly concerned with situations where voters may be incorrectly flagged as ineligible and removed from the rolls just before an election, giving them little time to correct the issue or re-register.

Governor Youngkin responded to the lawsuit, defending Virginia’s actions as necessary steps to protect the integrity of the election. He emphasized the importance of maintaining an accurate and up-to-date voter roll to prevent any illegal voting. According to Youngkin, his administration’s policies are grounded in ensuring that every legal vote counts and that illegal votes are prevented.

“Virginia has some of the most robust election security measures in the nation,” Youngkin said in a statement. “Our goal is to ensure that the voters who are eligible to vote can do so, while also preventing any fraud that could undermine the results of the election.”

The lawsuit against Virginia highlights the ongoing debate over election integrity and voter access that has become a central political issue in recent years. Proponents of stricter election laws, like those championed by Youngkin, argue that these measures are necessary to prevent voter fraud and ensure the legitimacy of election results. Critics, however, contend that such laws disproportionately affect minority and marginalized communities, creating unnecessary barriers to voting.

The outcome of this legal battle could have significant implications for election procedures not only in Virginia but also across the country. As the 2024 election approaches, both sides of the debate will likely continue to clash over the balance between securing elections and ensuring voter access.

The DOJ’s lawsuit against Virginia is one of several legal challenges brought by the Biden administration as it seeks to ensure compliance with federal voting laws and prevent states from implementing what they view as overzealous voter purges or restrictive voting measures. As election day draws closer, this case will be closely watched by both election officials and civil rights advocates.

Governor Glenn Youngkin responded to the DOJ’s lawsuit:

With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls – a process that starts with someone declaring themselves a non-citizen and then registering to vote. Virginians – and Americans – will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy. With the support of our Attorney General, we will defend these commonsense steps, that we are legally required to take, with every resource available to us. Virginia’s election will be secure and fair, and I will not stand idly by as this politically motivated action tries to interfere in our elections, period.