The U.S. Department of Justice (DOJ) has filed a lawsuit against the state of Virginia, accusing it of violating federal voting laws by purging voter rolls too close to Election Day. The lawsuit, announced Friday, marks the second time in a month that the DOJ has taken legal action against a state for violating the National Voter Registration Act of 1993.
The DOJ claims that Virginia’s efforts to clean up its voter rolls, initiated by Republican Gov. Glenn Youngkin, may have disenfranchised hundreds, if not thousands, of eligible voters. Under an executive order signed by Youngkin, the state’s Department of Elections was required to conduct daily updates to voter rolls, targeting individuals identified as “noncitizens.” Local officials were then tasked with notifying individuals whose names appeared on both the noncitizen and voter lists that their registration would be canceled if they failed to respond and affirm their citizenship within 14 days.
However, the DOJ argues that some of the individuals flagged as noncitizens are, in fact, U.S. citizens. This led to the erroneous cancellation of their voter registrations. “The Commonwealth’s unlawful actions here have likely confused, deterred, and removed U.S. citizens who are fully eligible to vote,” the DOJ lawsuit states, pointing to the very concerns Congress sought to prevent with the Quiet Period Provision, which prohibits voter roll purges within 90 days of an election.
One previous voter roll purge in Virginia’s Prince William County, conducted before July, identified 162 alleged noncitizens, 43 of whom were later determined to be U.S. citizens, according to the DOJ’s findings.
In a fiery response, Gov. Youngkin dismissed the lawsuit as “politically motivated,” calling it a “desperate attempt to undermine the legitimacy of elections in the Commonwealth.” Youngkin, an ally of former President Donald Trump, insisted that Virginians would see through the DOJ’s actions. Trump also weighed in on the lawsuit, posting on Truth Social, “We must protect American Voters, and protect America’s Democracy!” He accused the DOJ and Vice President Kamala Harris of seeking to undermine the democratic process.
This lawsuit is the second of its kind in recent weeks. Last month, the DOJ sued Alabama for similar alleged violations of the National Voter Registration Act, specifically its Quiet Period Provision, which restricts large-scale voter roll purges within three months of federal elections.
The Virginia Department of Elections declined to comment on the lawsuit, citing pending litigation. The state’s elections commissioner, also named in the suit, did not respond to requests for comment.
Meanwhile, the Virginia Coalition for Immigrant Rights (VCIR) praised the DOJ’s legal action. The coalition had filed its own lawsuit against Gov. Youngkin earlier this week, alleging that his voter purge program was discriminatory and riddled with errors. “The executive order has disenfranchised hundreds, if not thousands, of eligible voters on the eve of an election,” said Monica Sarmiento, executive director of VCIR, in a statement. “We applaud the DOJ for joining us in challenging this unlawful program.”
As the legal battle intensifies, Virginia remains a critical battleground. The state, which has consistently voted Democratic in recent presidential elections, is now under the political microscope as the upcoming Senate race between Democratic incumbent Sen. Tim Kaine and Republican nominee Hung Cao unfolds.
With tensions running high just weeks before the election, both sides are preparing for a fierce fight over voter rights and election integrity.