DOJ Sues Virginia, Claims State Is Illegally Striking Voters Off Rolls

ALEXANDRIA, VA — The Department of Justice has filed a lawsuit against Virginia, claiming the state violated federal law by removing voters from its election rolls too close to Election Day.

The lawsuit filed Friday in U.S. District Court in Alexandria against the Virginia State Board of Elections and Virginia Commissioner of Elections said an executive order issued in August by Gov. Glenn Youngkin requires state officials to make daily updates to voter lists to remove ineligible voters.

According to the lawsuit, the order violates the National Voter Registration Act's "Quiet Period Provision," which requires states to complete programs aimed at removing ineligible voters from voter registration lists no later than 90 days before federal elections.

Prosecutors said Virginia officials have conducted list maintenance as recently as late September, well into the quiet period.

"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,” Assistant Attorney General Kristen Clarke said in a statement. “By canceling 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."

Youngkin's order formalized a systemic process to remove people who are “unable to verify that they are citizens” to the state Department of Motor Vehicles from the statewide voter registration list.

Virginia election officials are using data from the Department of Motor Vehicles to determine a voter’s citizenship and eligibility, according to the filing. The lawsuit alleges the DMV data can be inaccurate or outdated, but officials have not been taking additional steps to verify a person's purported noncitizen status before mailing them a notice of canceling their voter eligibility.

The Justice Department is seeking injunctive relief that would restore the ability of affected eligible voters to vote on Election Day and would prohibit future quiet period violations.

In a statement on Friday, Youngkin said that state officials were properly enforcing state law requiring the removal of noncitizens from voter rolls.

“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," Youngkin said of the Justice Department's lawsuit.

“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 said.

The Associated Press contributed to this report.