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DOJ Challenges Virginia's Voter Purge Timing

 October 12, 2024

The United States Department of Justice has initiated legal proceedings against the state of Virginia over what it claims to be an improper timing of voter list maintenance.

According to Fox News, the federal lawsuit alleges that Virginia's actions violated the National Voter Registration Act by purging noncitizens from its voter rolls too close to an upcoming election.

The lawsuit specifically accuses the Virginia Board of Elections and Commissioner Susan Beals of breaching provisions of the NVRA. This federal statute includes a "Quiet Period Provision," which forbids states from conducting voter roll maintenance within the 90 days leading up to an election.

Governor's Executive Order Leads to Purge

The legal challenge follows an executive order issued by Republican Governor Glenn Youngkin, which instructed regular updates to Virginia's voter registration lists. According to the directive, individuals who failed to prove their citizenship status within a specified timeframe were to be removed from the rolls. This process resulted in the removal of over 6,000 individuals marked as noncitizens, based on their response to citizenship questions on DMV forms, from January 2022 to July 2024.

The Department of Justice contends that the timing of these removals, particularly the ones occurring within 90 days of a federal election, violates the NVRA. Their lawsuit seeks to not only restore voting rights to those affected but also to prevent future violations of this nature.

Restore Voting Rights and Educate Voters

Beyond reinstating eligible voters, the DOJ also aims to deploy remedial actions such as educational mailings. These would inform residents about their voting rights and the circumstances under which they might be incorrectly identified as noncitizens. The lawsuit further advocates for proper training for local election officials and poll workers to mitigate confusion.

In response to the legal action, Governor Youngkin has publicly dismissed the lawsuit as "politically motivated." He further contended that Virginia's voter removal process follows a 2006 law that requires identifying and taking action against individuals who declare themselves noncitizens during voter registration.

Governor Defends State Actions

Governor Youngkin elaborated on his stance, expressing disappointment with the timing of the lawsuit. "With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit," he said, positioning the move as an attack on the legitimacy of Virginia's electoral processes. He emphasized the state would stand firm in defending its actions alongside the support of Virginia's Attorney General.

The governor firmly stated, "Virginia’s election will be secure and fair," rejecting accusations of electoral interference and asserting that the state is simply fulfilling its legal obligations.

Political Figures React to Lawsuit

The lawsuit has also drawn reactions from other political figures. Senator Mike Lee described the DOJ's actions as interference in elections, alleging that they were harassing states attempting to ensure noncitizens do not vote. He termed it "a lawless abuse of power."

The Justice Department underscored the necessity for taking remedial actions to rebuild trust among eligible voters who might have been wrongfully disenfranchised. With tensions running high, the coming weeks will likely illuminate further dimensions of this high-stakes legal battle.

The unfolding situation in Virginia represents a critical juncture in the ongoing national dialogue concerning voter rights and election integrity. As legal arguments proceed, the case will potentially influence how states manage their voter registration lists, especially regarding the timing of removing ineligible individuals.

Broader Implications of the Case

The DOJ is taking this lawsuit as part of a broader set of actions aimed at ensuring compliance with federal voting laws across states. The department previously brought a similar case against Alabama, indicating its intent to uniformly enforce the NVRA.

Legal scholars and election law experts will be observing the developments closely, as the outcome could set significant precedents for future enforcement of the National Voter Registration Act. Moreover, the juxtaposition of federal oversight and state autonomy in voter registration matters continues to be a contentious issue within the broader landscape of American electoral law.

The resolution of this case may not only affect voter roll practices in Virginia but may have nationwide implications, affecting how other states formulate and enforce policies pertaining to voter registration maintenance.