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Virginia’s Voter Roll Purge Faces Legal Battle: DOJ Challenges Noncitizen Removals

Payam Javan: Since August, Virginia has removed over 1,600 people from its voter rolls under a state program aimed at noncitizens, which is now facing legal challenges from the Department of Justice (DOJ) and advocacy groups. These groups argue that the program is illegal, prompting a federal magistrate to order the state to disclose the names and addresses of those removed. Governor Glen Youngkin initiated this program through an executive order in August, positioning it as part of broader efforts to enhance election security and maintain an accurate voter list. Youngkin has emphasized that the program ensures all legal votes are counted without being diluted by ineligible voters.

The DOJ filed a lawsuit earlier in October, asserting that Virginia’s program violates the 90-day “quiet period” required under the National Voter Registration Act, which prohibits systematic voter roll purges close to federal elections. The DOJ argues that removing voters during this time risks disenfranchising legitimate voters without providing adequate time to resolve errors. In response, the DOJ has requested an injunction to halt the program and reinstate those removed. A court hearing is scheduled to review the request, while the state contends that such interference in its election procedures is unwarranted.

Governor Youngkin has defended the executive order, explaining that it is based on a 2006 state law requiring the Department of Motor Vehicles to regularly update election officials on noncitizens. He insists the process is individualized, giving those flagged as noncitizens 14 days to confirm their status before being removed from the rolls. Virginia Attorney General Jason Miyares supported this in court, arguing that the removals are based on self-identification at the DMV, which distinguishes the process from a systematic purge of voter rolls.

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