DOJ Files Lawsuit Against Virginia Over Voter Roll Purge
On October 11, the Department of Justice (DOJ) lodged a lawsuit against the state of Virginia. The DOJ alleges that the state broke federal law by eliminating potential noncitizen voters from the rolls too near to the general election.
Violation of the Quiet Period Provision
The DOJ claimed in a court filing that Virginia's voter removal program breached the "Quiet Period Provision" in the National Voter Registration Act. This provision mandates states to finish their programs for eliminating ineligible voters from active rolls at least 90 days before an election.
Kristen Clarke, Assistant Attorney General, stated that the National Voter Registration Act's quiet period restriction was implemented by Congress to avoid error-prone, last-minute efforts that frequently disenfranchise qualified voters.
Details of the Complaint
The lawsuit, filed on October 11, also identified the state Board of Elections and Virginia Commissioner of Elections Susan Beals as defendants.
The complaint states that Virginia Governor Glenn Youngkin signed an executive order in August, requiring the commissioner to certify that daily updates to the state's voter lists were being carried out. This process involved comparing the list of individuals identified as noncitizens by the State Department of Motor Vehicles to the existing registered voters list.
According to the DOJ, local registrars were then instructed to inform these voters that they needed to confirm their citizenship within 14 days or they would be removed from the registered voters list. The DOJ claims this process led to U.S. citizens having their voter registrations canceled. The state removed 6,303 individuals from the rolls between January 2022 and July 2024.
The DOJ further claimed that local registrars had no power to stop the cancellation of voters who fail to return an affirmation of citizenship, even if they have reason to believe those voters are U.S. citizens.
Reaction from Governor Youngkin
Governor Youngkin criticized the Biden administration for filing the lawsuit less than 30 days before the election, asserting that he had enforced the law appropriately. The Republican governor labeled the DOJ's lawsuit as "unprecedented" and a "politically motivated" attempt to interfere with the state election.
Youngkin stated, "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." He pledged to defend these commonsense steps, which he said they are legally required to take, with every resource available to them.
Similar Lawsuit Against Alabama
The DOJ had previously filed a similar lawsuit against the state of Alabama and its Secretary of State on September 27. The lawsuit was over the state's program aimed at removing ineligible voters, including noncitizens, from active rolls. The DOJ stated that Alabama announced the launch of the voter roll purge program 84 days before the November 5 general election, which violated the National Voter Registration Act.
Bottom Line
The recent lawsuits filed by the DOJ against Virginia and Alabama highlight the ongoing tensions and legal battles surrounding voter registration and the integrity of elections. It raises questions about the balance between ensuring only eligible voters are on the rolls and the risk of disenfranchising legitimate voters. What are your thoughts on this matter? Do you think these states violated federal law with their voter roll purges? Share this article with your friends and join the conversation. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
