The Department of Justice (DOJ) has filed [1] a lawsuit against the state of Virginia, its State Board of Elections, and its Commissioner of Elections over the enforcement of a 2006 law that removes non-citizens from voter rolls.
JUST IN — DOJ has sued Virginia over removing non-citizens from its voter rolls ahead of the November election.
— Election Wizard (@ElectionWiz) October 11, 2024 [2]
The DOJ contends that Virginia’s actions violate the National Voter Registration Act (NVRA) by conducting voter list maintenance too close to the upcoming federal election.
In a press release issued Friday, the DOJ stated that the removal of voters from the election rolls so close to the presidential election infringes on Section 8(c)(2) of the NVRA, known as the “Quiet Period Provision.”
The provision mandates that states must complete systematic voter list maintenance, such as removing ineligible voters, at least 90 days before federal elections.
“Section 8(c)(2) requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists no later than 90 days before federal elections,” the DOJ explained.
This provision applies specifically to systematic removals based on ineligibility, including issues like non-citizenship.
The lawsuit comes in the wake of an Executive Order issued by Virginia Governor Glenn Youngkin (R) in August.
EO 35 Comprehensive Electio… [3] by Red Voice News [4]
Youngkin’s order directed election registrars to cancel the registrations of non-citizens who had falsely claimed citizenship when registering to vote.
According to Youngkin, the state removed approximately 6,303 non-citizens from the voter lists between January 2022 and July 2024, in addition to 79,867 deceased voters.
With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law to remove noncitizens from the voter rolls.
Virginians – and Americans – will…
— Glenn Youngkin (@GlennYoungkin) October 11, 2024 [5]
Assistant Attorney General Kristen Clarke, head of the DOJ’s Civil Rights Division, argued that Virginia’s actions put eligible voters at risk of being wrongly removed from the rolls, which could cause confusion and potential disenfranchisement.
“By canceling voter registrations within 90 days of Election Day, Virginia places qualified voters in jeopardy of being removed from the rolls,” Clarke said.
She added that Congress enacted the quiet period to prevent last-minute efforts that could inadvertently disenfranchise voters.
Governor Youngkin responded to the lawsuit, calling it an “unprecedented” action against his administration and the state for enforcing a 2006 law signed by then-Governor Tim Kaine, now a U.S. Senator.
“Virginians – and Americans – will see this for exactly what it is,” Youngkin said. “A desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy.” He pledged that Virginia’s elections would be “secure and fair,” and vowed to defend the state’s actions alongside Attorney General Jason Miyares.
Youngkin further criticized the lawsuit as a politically motivated effort to interfere with Virginia’s electoral process, stating that the state is legally obligated to take these steps to ensure the integrity of its voter lists.
The governor reiterated that his administration will use all available resources to defend the law in court.
The lawsuit sets up a high-stakes legal battle as Virginia prepares for the upcoming election, with both sides arguing that the integrity of the voting process is at stake.
The outcome of the case could have significant implications not just for Virginia, but for how voter roll maintenance is conducted in other states as well.
Read the full press release from the U.S. Department of Justice Office of Public Affairs:
Justice Department Sues Virginia for Violating Federal Law’s Prohibition on Systematic Efforts to Remove Voters Within 90 Days of an Election
The Justice Department announced today that it has filed a lawsuit against the State of Virginia, Virginia State Board of Elections and Virginia Commissioner of Elections to challenge a systematic state program aimed at removing voters from its election rolls too close to the Nov. 5 general election in violation of the National Voter Registration Act of 1993 (NVRA).
Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision, requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists no later than 90 days before federal elections.
The Quiet Period Provision applies to certain systematic programs carried out by states that are aimed at striking names from voter registration lists based on a perceived failure to meet initial eligibility requirements — including citizenship — at the time of registration.
“As the National Voter Registration Act mandates, officials across the country should take heed of the law’s crystal clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “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. The right to vote is the cornerstone of our democracy and the Justice Department will continue to ensure that the rights of qualified voters are protected.”
The Quiet Period is an important protection for voters, because systematic removal programs may be error-ridden, cause voter confusion and remove eligible voters days or weeks before Election Day who may be unable to correct the State’s errors in time to vote or may be dissuaded from voting at all.
States may remove names from official lists of voters in various ways and for various reasons, but they may not carry-on this kind of systematic removal program so close to a federal election.
On Aug. 7, the governor of Virginia signed an executive order requiring among other things that the commissioner of the Department of Elections certify that the Department of Elections was conducting “Daily Updates to the Voter List.” These updates included “compar[ing] the list of individuals who have been identified as non-citizens” by the State Department of Motor Vehicles “to the list of existing registered voters.” Local registrars were then required to “notify any matches of their pending cancellation unless they affirm their citizenship within 14 days.” The letter directs recipients who are in fact U.S. citizens and eligible to vote to complete and return an Affirmation of Citizenship form. The notice informs voters that, if they do not respond to the notice within 14 days, they will be removed from the list of registered voters. This process has led to U.S. citizens having their voter registrations canceled.
The process laid out in the executive order formalized an ongoing list maintenance procedure that has been carried out into the quiet period, including at least as recently as late September.
This systematic voter removal program, which the State is conducting within 90 days of the upcoming federal election, violates the Quiet Period Provision.
The Justice Department seeks injunctive relief that would restore the ability of impacted eligible voters to vote unimpeded on Election Day and would prohibit future quiet period violations.
The department also seeks remedial mailings to educate eligible voters concerning the restoration of their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Jessica Aber for the Eastern District of Virginia and U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia made the announcement.
Individuals who are eligible voters and believe that they may have been removed from the voter rolls as a result of Virginia’s systematic removal process should contact the Civil Rights Division’s Voting Section through the internet reporting portal at civilrights.justice.gov or by telephone at 1-800-253-3931. More information about voting and elections, including guidance documents and other resources, is available at www.justice.gov/voting [6]. More information about the NVRA and other federal voting laws is available at www.justice.gov/crt/voting-section [7]. The department recently announced [8] a new guidance document [9] addressing limits on when and how jurisdictions may remove voters from their voter lists. Complaints about discriminatory voting practices may be reported to the Civil Rights Division’s Voting Section through the internet reporting portal at civilrights.justice.gov [10] or by telephone at 1-800-253-3931.
Read Glenn Youngkin’s full statement in response [11] to the Biden-Harris DOJ lawsuit:
Governor Glenn Youngkin Issues Statement on Noncitizen Voting Lawsuit Filed by the Biden-Harris Department of Justice
Governor Glenn Youngkin, after being notified this afternoon that the Biden-Harris Department of Justice was filing a lawsuit against the Commonwealth of Virginia, released the following statement:
“With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls – a process that starts with someone declaring themselves a non-citizen and then registering to vote. 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. Virginia’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, period.”