DOJ sues Virginia over alleged voter roll purges too close to Election Day

RICHMOND, Va. (WRIC) — The U.S. Department of Justice (DOJ) is suing the state of Virginia, alleging it has violated a federal law that prohibits the removal of people from voter rolls within 90 days of an election.

According to the DOJ, it is suing the state of Virginia, its State Board of Elections and the Virginia Commission of Elections “to challenge a systematic state program aimed at removing voters from its election rolls too close to the Nov. 5 general election.”

The DOJ announced the lawsuit on Friday, Oct. 11, — just days after after several voting and immigrant rights groups filed a similar one .

On Aug. 7, Gov. Glenn Youngkin (R) signed an executive order centered on Virginia’s election security measures. This included requiring that the Department of Elections make “daily updates” to the state’s voter rolls and “remove individuals who are unable to verify that they are citizens to the Department of Motor Vehicles (DMV).”

The DOJ says that these removals are being carried out too close to the upcoming 2024 presidential election — as recently as late September. Removing voters from voter rolls within 90 days of Election Day violates the National Voter Registration Act (NVRA) of 1993, also called “the Quiet Period Provision.”

The Quiet Period was put in place as an “important protection” for voters, according to the DOJ — one meant to prevent confusion and errors in the immediate period prior to a federal election.

“As the National Voter Registration Act mandates, 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,” said Assistant Attorney General Kristen Clarke with the DOJ’s Civil Rights Division. “By cancelling 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. 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. 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.”

The DOJ is looking for “injunctive relief” that would restore voters who have been removed from voter rolls so they may vote on Election Day, as well as “prohibit future quiet period violations.”

“The department also seeks remedial mailings to educate eligible voters concerning the restoration of their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens,” the DOJ said.

Youngkin, in a statement provided to 8News, called the lawsuit “unprecedented” and claimed that removing these voters from the rolls is lawful under a Virginia law passed in 2006.

“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. “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.”

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