Biden Administration Initiates Lawsuit Against Virginia over Voter Roll Purges

 October 12, 2024

In a striking legal challenge, the Biden administration has sued Virginia's election authorities.

According to CNN, the litigation claims that recent purges of voter rolls in Virginia contravene the National Voter Registration Act.

Filed this October, the lawsuit targets actions initiated under an executive order by Virginia Governor Glenn Youngkin. Issued in August 2024, the order directs local election officials to cancel voter registrations based on noncitizen status indications in DMV records within a period that federal law designates as a "quiet period" for mass voter updates.

Election Laws and Voter Integrity at the Core of the Lawsuit

The National Voter Registration Act stipulates a cessation of systematic voter roll clean-ups 90 days before an election. The Department of Justice (DOJ) alleges Virginia's program began during this critical period, violating federal guidelines intended to protect voter registration accuracy and fairness.

In response, Governor Glenn Youngkin criticized the Biden administration’s motives. He described the lawsuit as detrimental to the legitimacy of Virginia's elections, integral to American democracy.

The DOJ highlights that the purging process does not allow election officials the discretion to prevent the cancellation of voter registrations even when evidence supports a voter's citizenship claim. Some affected voters had reportedly confirmed their citizenship status multiple times before their removal.

Challenges in Determining Voter Eligibility

According to the Biden administration’s legal filings, errors in the new system led to legitimate citizens being removed from voter lists. This concern mirrors issues previously identified in similar programs in other states, such as Alabama.

The lawsuit specifically notes that the procedural protocols adopted in Virginia could not guarantee the accuracy of voter eligibility determinations, often failing to appropriately verify the citizenship information against multiple records before disqualifying a registration.

Here's an extended statement by Governor Youngkin about the federal challenge:

“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."

Infrequent Nature of Noncitizen Voting

Mainly Republicans have underscored concerns regarding noncitizen voting in the upcoming 2024 presidential campaign, although incidents of such voting are relatively rare. The administration's lawsuit reflects a broader national debate over voter registration practices and their impact on election integrity. A county election official's observations, referenced in DOJ materials, reveal the practical errors in the purge process.

Voters who were unjustly purged had previously validated their citizenship details, reinforcing the systemic failures alleged by the DOJ. The official mentioned scrutinizing various cases where voters had repeatedly confirmed their American citizenship, in some instances providing social security numbers as further proof.

The Electoral and Legal Ramifications of Voter Purges

The ramifications of these voter purges resonate beyond Virginia, signaling potential national implications as the U.S. approaches a key electoral cycle. The lawsuit underscores ongoing tensions between federal and state authorities over control and conduct of electoral processes. Analysts suggest that the outcome of this lawsuit could prompt other states to reevaluate their voter maintenance procedures to ensure compliance with national guidelines, especially as the nation edges closer to significant electoral contests.

The complexities surrounding voter registration policies and the enforcement of laws designed to preserve the integrity and accuracy of voter rolls continue to shape the American electoral landscape. The case against Virginia highlights the intricate balance between maintaining accurate voter lists and ensuring every eligible citizen’s right to vote is protected.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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