The Justice Department has filed a lawsuit against Virginia over an election reform law that aims to remove noncitizens from the state’s voter rolls. This law was initially approved by the DOJ back in 2006 under then-Democratic Gov. Tim Kaine. The recent lawsuit alleges that the state violated a federal law by carrying out an executive order issued by Gov. Glenn Youngkin, directing officials to remove names of individuals who are unable to verify their citizenship.
Gov. Youngkin argues that the order he issued simply follows the rule put in place in 2006 and has been applied by both Democratic and Republican governors for the past 18 years. The DOJ claims that the law violates a provision of the National Voter Registration Act, which requires voter roll maintenance to be completed 90 days before an election.
The law cited by Youngkin requires government registrars to cancel voter registrations of noncitizens obtained under false pretenses. It also mandates registrars to immediately notify prosecutors of such situations. The DOJ alleges that actions resulting from the August order violated the federal 90-day window, but Virginia officials maintain that their actions target self-reported eligibility discrepancies and do not constitute systematic voter-roll purging.
The process for removing ineligible voters begins when a person attests to being a noncitizen while filing for a driver’s license or another government document. The Department of Motor Vehicles then shares this information with the state Department of Elections, which matches it with the registrar. Individuals are given 14 days to prove their citizenship, and if they fail to do so, they are ultimately removed from the voter rolls.
Since the order was signed, Virginia has removed over 6,300 individuals from its voter rolls. Gov. Youngkin has called the lawsuit unprecedented, stating that he is ensuring a law signed in 2006 by Sen. Kaine is being followed. Assistant Attorney General Kristen Clarke at the DOJ expressed concerns that removing voters this close to an election could disenfranchise qualified voters and create confusion.
Former President Trump criticized the lawsuit as an example of DOJ weaponization and commended Gov. Youngkin for his efforts to protect the integrity of voter rolls. Sen. Kaine reiterated that voting is a right reserved for U.S. citizens and emphasized the importance of ensuring that eligible voters are not purged from the rolls.
The legal battle surrounding Virginia’s election reform law highlights the complexities and controversies that can arise in the context of voter registration and maintenance. As the lawsuit unfolds, it remains to be seen how the courts will interpret the law and its implications for the upcoming election.
