Virginia DOJ Lawsuit Targets Removal of Noncitizens from Voter Rolls

Virginia Lt. Governor Winsome Sears made headlines during her appearance on Fox News’ “Sunday Morning Futures” with Maria Bartiromo, addressing the Biden-Harris Department of Justice’s (DOJ) lawsuit against Virginia for its recent efforts to clean up voter rolls ahead of the 2024 election.

The lawsuit, which targets the removal of noncitizens from voter lists, has ignited controversy over election security and voter disenfranchisement.

The DOJ announced earlier this month that it is suing Virginia, its State Board of Elections, and its Commissioner of Elections for violating the National Voter Registration Act of 1993 (NVRA).

The DOJ argues that Virginia’s actions violate the NVRA’s Quiet Period Provision, which mandates that systematic voter list maintenance cannot occur within 90 days of a federal election. This provision was established to protect voters from wrongful disenfranchisement due to last-minute, error-prone removals.

According to Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division, the timing of Virginia’s actions poses a risk to voters. “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 said.

She further noted that the NVRA’s restriction is intended to prevent chaotic last-minute efforts that could disenfranchise voters. “The right to vote is the cornerstone of our democracy,” she added, emphasizing that the DOJ will continue to ensure voter rights are upheld.

However, Virginia’s leaders, including Lt. Governor Winsome Sears and Governor Glenn Youngkin, have fiercely defended the state’s voter roll maintenance efforts. The lawsuit comes just two months after Governor Youngkin issued an executive order aimed at codifying election security measures for the 2024 election. These measures, according to Youngkin, are essential to safeguard the election from fraud and maintain the integrity of the voter rolls.

Governor Youngkin expressed his frustration with the DOJ’s lawsuit, pointing out that the state’s election security laws have been in place for over a decade and were previously supported by both Republicans and Democrats. “The law is not new, and it’s been adhered to for years. Why is the DOJ stepping in now?” Youngkin asked, alluding to political motivations behind the lawsuit. He argued that the lawsuit undermines necessary efforts to keep voter rolls accurate and free of ineligible individuals, particularly noncitizens.

In her interview with Bartiromo, Lt. Governor Sears elaborated on the findings that led to the voter roll cleanup. “What we found is over 6,000 – 6,300 people who identified that they are not citizens, and yet they were still on voter rolls,” Sears stated.

This revelation highlights what Virginia officials see as a significant issue in maintaining the integrity of elections. Sears further explained that in addition to noncitizens, the review found individuals who had passed away decades ago but were still listed as eligible voters. “We found people who have been dead since 1960 who were still on the voter rolls,” she said, pointing to the importance of updating voter registration lists.

Sears suggested that the Biden-Harris DOJ is fighting Virginia’s efforts because the removal of ineligible voters threatens the broader Democratic agenda. “This is why the DOJ is pushing back so hard,” she asserted, arguing that maintaining noncitizens on the rolls serves the interests of Democrats in the upcoming election.

The debate surrounding this lawsuit reflects the larger national conversation about election integrity versus voter access. On one side, Virginia’s leadership insists that removing noncitizens and deceased individuals from the rolls is essential to prevent voter fraud and protect the legitimacy of elections. On the other, the DOJ argues that the timing of these efforts is problematic, risking confusion and disenfranchisement for eligible voters.

The lawsuit has reignited tensions between Republicans and Democrats over election security. Republicans have long focused on preventing voter fraud through stricter voter ID laws, voter roll cleanups, and election audits. Democrats, in contrast, emphasize protecting voter access, often pointing to instances where voter roll purges have mistakenly removed eligible voters, particularly minorities and low-income individuals.

As the lawsuit progresses, it could have far-reaching implications, not only for Virginia but for other states with similar election security measures. The outcome may determine how states can legally maintain voter rolls close to elections without violating federal law.

With the 2024 election fast approaching, this legal battle has become a crucial test case for how far states can go in their efforts to secure elections while adhering to federal protections for voters.

In the end, both sides claim they are defending democracy—Virginia argues that clean voter rolls protect the sanctity of the vote, while the DOJ insists that hasty, last-minute actions risk disenfranchising citizens. The courts will now have to decide where the balance lies between election security and voter access.