The Department of Justice has initiated legal action against Virginia, targeting a state law enacted in 2006.
The lawsuit alleges that Virginia's recent actions to remove non-citizens from voter rolls breach federal law by occurring within the prohibited period leading up to a federal election, Breitbart reported.
In the complaint, the DOJ specifies that the law in question demands the Virginia State Board of Elections and the Virginia Commissioner of Elections eject non-citizens from the electoral rolls. The problematic aspect, as per the DOJ, violates the National Voter Registration Act (NVRA) of 1993, notably its Quiet Period Provision, which stops states from conducting systematic purges of voters within 90 days of a federal election.
This lawsuit highlights the tension between state measures to maintain accurate voter lists and federal regulations designed to protect voter rights. Virginia Governor Glenn Youngkin, a Republican, has been particularly vocal, claiming these actions ensure the integrity of the state’s elections.
The Governor's office pointed out that officials had initiated the removals well before the stipulated quiet period. From January 2022 to July 2024, officials purportedly removed about 6,303 non-citizens from voter rolls after following verification processes mandated by state law.
Assistant Attorney General Kristen Clarke of the Justice Department argues otherwise, highlighting the risks such activities pose so close to an election date.
By cancelling 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. Congress adopted the National Voter Registration Act’s quiet period restriction to prevent error-prone, eleventh-hour efforts that all too often disenfranchise qualified voters.
This lawsuit arrives amidst a broader national debate over voter registration practices, with many states implementing stricter controls that they argue are necessary to prevent fraud. Critics, however, see these measures as undue hurdles that may prevent eligible voters from casting ballots.
Virginia's top officials have been quick to dissent against the DOJ's claims. Governor Youngkin criticized the lawsuit as an unjust political maneuver intended to discredit Virginia’s election security efforts.
"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. Our state’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," stated Governor Youngkin.
The legal challenge also scrutinized Governor Youngkin's purge of deceased voters from the rolls, announcing in 2023 that officials had removed approximately 79,867 names. The DOJ’s lawsuit has not directly challenged this particular action, as it focuses solely on non-citizen removals.
This lawsuit may have significant implications for how states manage their voter rolls and, furthermore, could set a precedent for future cases involving voter list management practices.
Moreover, the Department of Justice emphasizes that practical mechanisms for maintaining voter list accuracy must comply with federal laws designed to safeguard electoral integrity and voter rights. In fact, the ongoing case places these statutes at the forefront of national discourse, mirroring the country's heightened focus on the mechanics of democracy as election security increasingly becomes a hot-button issue.
Consequently, the DOJ's lawsuit against Virginia is poised to not only impact the upcoming presidential election but also redefine voter list management practices across the United States. As these efforts unfold, the principles of election integrity and the right to vote stand in a delicate balance.
