DOJ Sues Virginia for Allegedly Removing Noncitizens From Voter Rolls Too Close to Election

The U.S. Department of Justice has filed a lawsuit against Virginia, accusing the state of improperly removing noncitizens from its voter rolls too close to the election. The DOJ claims that Virginia’s State Board of Elections and Elections Commissioner Susan Beals violated the National Voter Registration Act (NVRA), which requires that voter maintenance programs be completed at least 90 days before an election, as part of the “Quiet Period Provision.”

The lawsuit alleges that Republican Gov. Glenn Youngkin’s executive order, which mandates the regular update of voter lists to remove noncitizens who fail to verify their status within 14 days, violated the NVRA. Under this order, Virginia has removed 6,303 individuals from its voter rolls.

“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,” the DOJ complaint states.

According to the DOJ, voters were flagged as potential noncitizens if they had responded “no” to citizenship questions on forms submitted to the Department of Motor Vehicles (DMV). The agency contends that the removal of these individuals within 90 days of the federal election violates the Quiet Period Provision.

Governor Youngkin responded to the lawsuit by calling it “politically motivated,” stating, “The Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia for enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls.” Youngkin vowed to defend the state’s actions and ensure that the election remains “secure and fair.”

Senator Mike Lee (R-Utah) echoed these sentiments, accusing the Biden administration of “election interference” by challenging states’ efforts to prevent noncitizens from voting.

The DOJ seeks injunctive relief to restore voting rights for affected individuals, prevent future violations of the Quiet Period Provision, and ensure that local officials and poll workers are adequately trained to address confusion on Election Day.