The U.S. Department of Justice (DOJ) announced on Friday that it has filed a lawsuit against the Virginia Board of Elections (VBE) and the state commissioner of elections, alleging violations of federal voter registration requirements related to a state program.
The lawsuit claims that the program contravenes the “quiet period” provision of the National Voter Registration Act of 1993 (NVRA), which prohibits states from systematically removing voters from election lists within 90 days of a federal election.
Although states are allowed to remove ineligible voters from registration lists prior to this period, the statute expressly forbids any removal actions during the 90-day window leading up to an election.
In a press release, Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division highlighted the importance of this provision in maintaining election integrity.
“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,” Clarke stated. “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 lawsuit follows an executive order issued by Virginia Governor Glenn Youngkin on August 7, which directed the election board to update the voter registration list by cross-referencing voter names and information with Department of Motor Vehicle (DMV) data.
According to the order, over ninety percent of voters in Virginia submit electronic registration applications online through the Department of Elections, requiring a valid DMV credential.
The order stated that DMV verifies applicants’ proof of identity and legal status with the Department of Homeland Security and Social Security databases.
Voters flagged by this system received a notice requiring them to respond within 14 days to demonstrate their eligibility to vote. Those who failed to respond were subsequently removed from the voter registration lists.
In response to the DOJ lawsuit, Governor Youngkin issued a statement asserting that the action was intended to protect election integrity.
“This isn’t a Democrat or Republican issue, it’s an American and Virginian issue. Every legal vote deserves to be counted without being watered down by illegal votes or inaccurate machines,” Youngkin said.
The DOJ is seeking to restore improperly removed voters to the registration lists, implement measures to prevent future violations of the quiet period provision, and mandate mailings to educate voters on their restored rights. The lawsuit also calls for adequate training programs for local officials and poll workers.
“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,” Clarke affirmed.
This lawsuit represents a significant step in the ongoing battle over voter registration and election integrity in the United States, highlighting the critical importance of maintaining access to the ballot box for all eligible citizens.
