DOJ sues Virginia over voter purge; Youngkin calls lawsuit 'politically motivated'

Governor Glenn Youngkin issued a statement Friday after the Department of Justice announced it had filed a lawsuit against the Commonwealth of Virginia. 

The lawsuit, filed less than 30 days before the upcoming election, challenges the state’s enforcement of a 2006 law requiring the removal of noncitizens from the voter rolls.

Youngkin, in his statement, described the lawsuit as an "unprecedented" attack, calling it a political move aimed at undermining the legitimacy of Virginia's elections. 

He emphasized that the law, signed by former Democratic Governor Tim Kaine, is being enforced as required and follows a process where individuals first declare themselves noncitizens before registering to vote.

"Virginians — and Americans — will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy," Youngkin said.

He also assured that, with the support of Attorney General Jason Miyares, the state would defend these actions, describing them as "commonsense steps" necessary for election security.

The DOJ’s lawsuit argues that Virginia’s voter list maintenance efforts violate the National Voter Registration Act’s "Quiet Period Provision," which prohibits states from conducting systematic voter roll removals within 90 days of an election. 

Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division explained that such last-minute removals put qualified voters at risk of being wrongly removed, potentially causing confusion and disenfranchisement.

"By canceling 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 said in a statement. "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."

The DOJ is seeking an injunction to restore the voting rights of those affected by the removal program and to prevent future violations of the Quiet Period Provision. They also request remedial actions, including mailings to impacted voters and adequate training for local election officials to address potential confusion.

Earlier this week, several immigrant rights groups and the League of Women Voters, filed a lawsuit against Youngkin and Miyares claiming that the governor's executive order violates federal law by purging voter rolls within 90 days of an election, a period meant to prevent errors in voter list maintenance. 

Critics argue that the use of data from the Department of Motor Vehicles to determine citizenship status could lead to legitimate voters, especially naturalized citizens, being wrongfully removed. The DMV data is often outdated or incorrect, according to the lawsuit.

Christian Martinez, a spokesman for Youngkin, defended the state’s actions, asserting that Virginia is following both state and federal laws in its voter list maintenance. 

"Every step in the established list maintenance process is mandated by Virginia law," Martinez said.

At the local level, the lawsuit highlights examples of voters being removed from rolls, including 49 in Fairfax County who did not verify their citizenship within 14 days, as required by the state.

Youngkin’s executive order reported that 6,303 voters were removed from the rolls between January 2022 and July 2023 due to questions about their citizenship.

Watch the DOJ's announcement below: