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Youngkin Attacks DOJ Voter Roll Lawsuit

 October 14, 2024

The Department of Justice's recent legal challenge against Virginia regarding voter roll maintenance has ignited a fresh debate on voting rights and election security.

The lawsuit accuses the Commonwealth of violating federal election law by removing individuals from the voter rolls during a restricted period, and the Biden DOJ action has been sharply criticized by Governor Glenn Youngkin, who argues that Virginia's actions were in compliance with a law enacted in 2006, as the Washington Examiner reports.

The Department of Justice filed the lawsuit citing concerns over the timing of voter roll purges in Virginia. Federal law, as outlined in the National Voter Registration Act, restricts voter roll updates within 90 days of an election to prevent disenfranchisement and confusion for voters.

Youngkin Defends Against Accusations

Youngkin, in response, defended the state's voter roll maintenance process, which involves regular updates intended to ensure eligibility. Youngkin signed an executive order mandating daily reviews to remove individuals unable to confirm their citizenship status.

The policy follows a 2006 law instituted by then-Gov. Tim Kaine, which requires the removal of non-citizens from Virginia's voter rolls. This process begins when an individual declares their non-citizen status and subsequently registers to vote.

The DOJ, however, argues that the timing of such removals -- especially within 90 days of an election -- introduces the risk of errors that could deter voters from participating or lead to disenfranchisement.

Concerns Over Voter Disenfranchisement

Assistant Attorney General Kristen Clarke highlighted specific concerns about the error-prone nature of sudden voter list maintenance actions. The DOJ filing states that Virginia's policy of canceling registrations close to Election Day jeopardizes eligible voters and increases confusion.

Youngkin's administration, countering this claim, asserts that the state's actions were lawful and necessary to uphold election integrity. Youngkin has accused the DOJ's lawsuit of undermining Virginia's election legitimacy.

The governor emphasized the importance of a clean voter roll, firmly defending the state's procedures as both commonsense and legally mandated by the existing state law.

Youngkin Labels DOJ Lawsuit as Political

Youngkin has strongly criticized the DOJ’s motivations, suggesting that the lawsuit is politically driven. He vowed to fight the lawsuit with support from Virginia's attorney general, arguing that the lawsuit aims to interfere with the state's electoral processes.

He expressed confidence that Virginia’s elections would remain secure and fair, despite what he views as attempts by the federal government to challenge the state’s laws.

The DOJ continues to reference the National Voter Registration Act as the cornerstone of its complaint. This Act intends to protect voters from being wrongfully removed from rolls close to elections, ensuring their participation is not hindered.

DOJ Highlights Potential for Errors

Clarke pointed out the risks associated with eleventh-hour voter roll purges. She stressed that these efforts could lead to significant voter disenfranchisement, particularly if errors occur during the process.

Youngkin, on the other hand, insists that Virginia’s procedures are sound and justified. He maintains that the executive order he signed enhances the accuracy of voter registrations, thereby safeguarding election integrity.

Virginia's legal team, supported by Youngkin, remains committed to challenging the DOJ's lawsuit. They argue that their actions are in strict compliance with state law, designed to address citizenship verification.

Case Highlights Broader Election Law Debates

This legal confrontation underscores ongoing debates surrounding election law enforcement and voter rights. The case exemplifies the tensions between state and federal interpretations of voter roll maintenance requirements.

Youngkin's stance is supported by the notion of state sovereignty in managing elections. Nonetheless, the DOJ remains firm in its belief that federal safeguards are essential to preventing voter disenfranchisement close to an election.

The case is expected to bring increased scrutiny on how states manage their voter rolls and how federal laws are interpreted in these contexts. As both sides prepare for a legal showdown, the implications for Virginia's upcoming election remain significant.

In conclusion, the DOJ's lawsuit against Virginia reflects a broader conflict over electoral integrity and voter rights. The outcome of this case could have lasting effects on how states conduct voter roll maintenance and how federal law interacts with state policies. Both Governor Youngkin and the DOJ are poised for a protracted legal battle with potential nationwide implications.