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Virginia faces DOJ lawsuit for removing noncitizens from voter rolls too close to Election Day

The U.S. Department of Justice has initiated a lawsuit against the Commonwealth of Virginia, claiming that the state improperly removed noncitizens from its voter rolls too close to the upcoming Election Day.

The complaint asserts that the Virginia Board of Elections and Commissioner of Elections Susan Beals have violated the federal National Voter Registration Act (NVRA). This law stipulates that states must complete their voter maintenance programs no later than 90 days before an election, a requirement known as the Quiet Period Provision.

The DOJ contends that Republican Governor Glenn Youngkin breached the NVRA by issuing an executive order mandating the election commissioner to regularly update the state’s voter lists to eliminate individuals identified as noncitizens who failed to respond to a citizenship verification request within 14 days.

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As a result of Youngkin’s executive order, Virginia has removed 6,303 individuals from its voter rolls. The DOJ’s complaint states, “The Executive Order formalized the Program and announced that 6,303 individuals had been removed from the rolls pursuant to the same process between January 2022 and July 2024.”

Voters were flagged as potential noncitizens if they answered “no” to citizenship questions on forms submitted to the state Department of Motor Vehicles (DMV). The DOJ argues that this systematic removal of voters, occurring within 90 days of a federal election, constitutes a violation of the Quiet Period Provision.

In response to the lawsuit, Governor Youngkin characterized the DOJ’s actions as “politically motivated.” He stated, “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 further asserted, “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.” He pledged to “defend these commonsense steps” and emphasized that Virginia’s elections would be “secure and fair.”

“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,” Youngkin added. “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.”

Senator Mike Lee of Utah echoed Youngkin’s sentiments, declaring on X that “The Biden-Harris administration is engaging in election interference.” He further criticized the DOJ, stating, “They’re harassing states that are trying to make sure that noncitizens can’t vote. This is a lawless abuse of power.”

The Justice Department’s lawsuit against Virginia follows similar legal action against Alabama and its Republican Secretary of State Wes Allen regarding that state’s voter purge program targeting noncitizen voters.

The DOJ seeks injunctive relief to “restore the ability of impacted eligible voters to vote unimpeded on Election Day” and to “prohibit future quiet period violations.” Additionally, the agency aims for remedial mailings to educate eligible voters about the restoration of their rights and adequate training for local officials and poll workers to alleviate confusion and distrust among voters accused of being noncitizens.

Fox News Digital has reached out to Governor Youngkin for further comment.

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