The Justice Department says Virginia is illegally striking voters off of voter rolls

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The Department of Justice is photographed on June 8, 2023. The department has brought a suit against Virginia election officials that accuses the state of striking names from voter rolls in violation of U.S. law. / AP

RICHMOND, Va. — The U.S. Department of Justice filed a lawsuit against Virginia election officials Friday that accuses the state of striking names from voter rolls in violation of federal election law.

The lawsuit filed Friday in U.S. District Court in Alexandria says that an executive order issued in August by Republican Gov. Glenn Youngkin requiring daily updates to voter lists to remove ineligible voters violates federal law. The National Voter Registration Act requires a 90-day “quiet period” ahead of elections for the maintenance of voter rolls.

“Congress adopted the National Voter Registration Act’s quiet period restriction to prevent error-prone, eleventh hour efforts that all too often disenfranchise qualified voters,” Assistant U.S. Attorney General Kristen Clarke said in a statement. “The right to vote is the cornerstone of our democracy and the Justice Department will continue to ensure that the rights of qualified voters are protected.”

A similar lawsuit was filed earlier this week by a coalition of immigrant-rights groups and the League of Women Voters.

In its lawsuit, the Justice Department said the quiet-period provision reduces the risk that errors in maintaining registration lists will disenfranchise eligible voters by ensuring they have enough time to address errors before the election.

On Aug. 7 — 90 days before the Nov. 5 federal election — 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 The lawsuit alleges the DMV data can be inaccurate or outdated, but officials have not been taking additional steps to verify a person's purported noncitizen status before mailing them a notice of canceling their voter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.

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.

Across the country, conservatives have challenged the legitimacy of large numbers of voter registrations ahead of the Nov. 5 election. The Republican National Committee, newly reconstituted under Trump, has also been involved in efforts to challenge voter rolls before the November election.