Virginia attorney general questions timing of DOJ voter lawsuit before election

Virginia Attorney General Jason Miyares rebuffed the Department of Justice’s new lawsuit against Virginia as Republicans spotlight the department’s legal action against the state.

The lawsuit, announced by the DOJ last week , was filed after Gov. Glenn Youngkin (R-VA) issued an executive order that removed over 6,300 noncitizens from the state’s voter registration rolls in August. Miyares contended that the DOJ is lacking “basic common sense” with its legal action, noting how Youngkin used a law signed by Sen. Tim Kaine (D-VA), then governor of Virginia, back in 2006.

“My question is, where are all these left-wing groups that have brought this lawsuit when Tim Kaine signed this into law or when Ralph Northam or Terry McAuliffe were also similarly acting in a similar capacity?” Miyares said on Fox News's Fox and Friends First. “So I applaud Gov. Youngkin for wanting to make sure we have clean voting rolls. That’s common sense, but as we all know, common sense isn’t very common in D.C. these days.”

Miyares added that the DOJ’s assessment that citizens were removed from the state’s voter rolls is incorrect as noncitizens at the DMV confirm they are noncitizens. He also questioned why the DOJ is using its time and resources to fight the governor’s action less than a month before the election, calling it “misplaced priorities."

During his appearance, Miyares recalled how his mother voted for the first time in her late 30s after fleeing Cuba, saying a person’s right to vote is “precious.” However, Miyares reiterated that Youngkin’s legal action does not target citizens and their right to vote and said he is “looking forward” to defending the governor’s action.

Miyares’s appearance comes as Youngkin has also been spotlighting the DOJ’s lawsuit against Virginia , appearing on both Fox News and CNN on Monday evening to discuss it. On CNN, the governor questioned why the lawsuit was filed just 25 days before the election , noting that the lawsuit appears “far more political” now than if it had been filed earlier.

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“Why is it that anyone could argue that a process that removes noncitizens off of our voter rolls is anything else other than common sense and constitutional?” Youngkin asked network anchor Jake Tapper.

Virginia governors are limited to serving two nonconsecutive terms, meaning Youngkin will not be eligible to seek reelection next year. While Lt. Gov. Winsome Earle-Sears , a Republican, announced her candidacy for the 2025 gubernatorial race last month, Miyares has said Republicans need to focus on the 2024 presidential election “before even thinking about next year.”