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Jimmy Williams
The U.S. Department of Justice (DOJ) announced Friday that it has filed a lawsuit against Virginia, alleging that the state violated federal voting laws by purging its voter rolls within 90 days of an election. The lawsuit challenges Republican Governor Glenn Youngkin’s executive order, which required daily updates to the state’s voting lists in an effort to remove noncitizens.
The DOJ argues that the process, which involves cross-referencing registered voters with a list of identified noncitizens, has erroneously flagged U.S. citizens for removal, thereby disenfranchising eligible voters. Under the governor’s order, local election officials notify individuals that their voter registration will be canceled unless they affirm their citizenship within 14 days. Federal law prohibits noncitizens from voting in federal elections, but the DOJ claims the state’s purge has gone too far.
“The Commonwealth’s unlawful actions here have likely confused, deterred, and removed U.S. citizens who are fully eligible to vote,” the DOJ said in its lawsuit. “This is precisely what Congress sought to prevent with the Quiet Period Provision.”
The lawsuit follows a recent voter roll purge in Prince William County, where 43 out of 162 individuals identified as noncitizens were, in fact, U.S. citizens, according to the DOJ.
Governor Youngkin responded to the lawsuit, calling it “politically motivated” and an attempt to undermine confidence in Virginia’s elections. “Virginians — and Americans — will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth,” Youngkin said in a statement.
The DOJ’s lawsuit also highlights concerns that the timing of the voter roll purge, which falls within 90 days of an election, violates the National Voter Registration Act. The law restricts large-scale voter removals close to elections to avoid widespread confusion or wrongful disenfranchisement.
This is the second time in recent months that the DOJ has taken legal action against a state for alleged violations of the Quiet Period Provision. In September, the DOJ filed a similar lawsuit against Alabama.
The Virginia Coalition for Immigrant Rights also filed its own lawsuit against Youngkin’s executive order earlier this week, calling the process illegal, discriminatory, and fraught with errors. “The executive order has disenfranchised hundreds if not thousands of eligible voters,” said Monica Sarmiento, executive director of the organization.
Virginia’s Department of Elections, which is named in the suit, declined to comment, citing the pending litigation. The department’s commissioner has yet to issue a statement.
As Virginia gears up for a contentious election season, the battle over voting rights and election integrity is likely to intensify. Senator Tim Kaine (D), who is up for re-election, faces Republican challenger Hung Cao in a race that the Cook Political Report rates as “solid Democrat.” The state has leaned Democratic in presidential elections since 2004 but remains a political battleground.
The DOJ lawsuit and the upcoming election will keep Virginia at the center of national discussions on voter rights, election security, and the future of federal voting regulations.
