Virginia punches back after Biden-Harris DOJ sues to halt purge of noncitizens from voter rolls

The Biden-Harris Department of Justice is working frantically to challenge state efforts to remove noncitizens from voter rolls in two states ahead of the election.

Just weeks after the DOJ sued Alabama and its top election official over the state's efforts to ensure that only American citizens would get to determine the fate of the state and country, the DOJ filed a lawsuit on Oct. 11 against the Commonwealth of Virginia, the Virginia State Board of Elections, and Virginia Commissioner of Elections, claiming the noncitizen voter purge was too close to Election Day.

Republican Gov. Glenn Youngkin characterized the lawsuit as "politically motivated" election interference, and his lawyer, former Virginia Attorney General Richard Cullen, maintains that Virginia's efforts are entirely lawful.

Of apparent concern to the Biden-Harris DOJ is Section 8(c)(2) of the National Voter Registration Act — the Quiet Period Provision — which requires states to complete programs intended to systematically remove the names of ineligible voters from registration lists by no later than 90 days prior to a primary election or general election for federal office. It does not, however, preclude correction of a registrant's information.

The DOJ's contention is that the removal of likely noncitizens from voter rolls before the election not only violates this provision but is problematic because the removals "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."

Virginia Gov. Glenn Youngkin (R) issued an executive order on Aug. 7, exactly 90 days before the general election, requiring both that the commissioner of the Virginia Department of Elections regularly update voter lists to remove individuals identified as noncitizens and that the state Department of Motor Vehicles expedite the interagency data sharing with the DOE with regards to noncitizen transactions.

Youngkin further indicated that 6,303 noncitizens who had "accidentally or maliciously attempted to register" to vote had been scrubbed from the voter rolls between January 2022 and July 2024.

"Call me crazy, but I think American elections should be decided by American citizens and Virginia elections should be decided by Virginians," Youngkin said in an interview. "That's why this executive order is so important because it does make sure that we have clean voter rolls."

Trump lauded the initiative, noting in a Truth Social post that the Virginia governor is "TAKING A STRONG LEAD IN SECURING THE ELECTION IN NOVEMBER — PROTECTING EVERY LEGAL VOTE AND KEEPING ILLEGAL ALIENS THAT HAVE BEEN LET INTO OUR COUNTRY FROM VOTING."

"EVERY STATE SHOULD FOLLOW VIRGINIA'S LEAD," added Trump.

Youngkin's EO tasked elections officials with checking the list of individuals flagged as noncitizens by the DMV with the list of existing registered voters. Voters identified as noncitizens are those who chose "No" in response to questions about their American citizenship on forms submitted to the DMV.

Local registrars were, in turn, tasked with notifying those whose names overlapped the two lists that they had two weeks to affirm their citizenship or face cancellation.

The DOJ alleges that this process was carried out into the quiet period, in violation of the NVRA — citing Commissioner Susan Beals' Sept. 19 confirmation that removals were ongoing — and has also resulted in American citizens having their voter registrations canceled.

'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 DOJ is demanding not only the restoration of the "ability of impacted eligible voters to vote unimpeded on Election Day" but that Virginia halt its program removing noncitizens from voter rolls.

Virginia is not taking the DOJ's intervention lying down.

"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," Youngkin said in an Oct. 11 statement.

"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," continued Youngkin. "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."

Youngkin's lawyer, Richard Cullen, outlined the state's likely defense in a memo obtained by WRIC-TV, stressing that Virginia's program does not violate federal law because it is not a systematic program but rather an individualized process that begins with "individuals themselves indicating that they are a noncitizen during a DMV transaction."

University of Richmond Law Professor Henry Chambers told WRIC, "You can have narrowly tailored specified reasons for knocking folks off the list, that essentially the argument that is being made in the memo."

Cullen's memo noted further that the state affords impacted voters ample notice and time to demonstrate their eligibility and citizenship prior to cancellation.

The Virginia Mercury reported that state Sen. Bill Stanley (R) has indicated the Biden-Harris DOJ is trying to make something out of nothing.

"There are failsafe measures to this," said Stanley. "Even if they are subsequently removed from the rolls, let's say, in error, those persons can still register to vote on Election Day under our 'same day' registration law. So I fail to see why the federal government is doing this but for no other reason but to try to upset our otherwise sound voter registration process here in Virginia for political purposes."

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