The Biden administration has filed a lawsuit against Virginia election officials, claiming that they violated federal law by purging voters flagged as potential noncitizens during the quiet period before an election, when systematic removals of voters from registration rolls are prohibited. This move comes after a similar challenge in Alabama and amid Republican claims of noncitizen voting being a major concern in the 2024 campaign, despite such instances being extremely rare. The Justice Department argued that Virginia’s purge program, initiated by Republican Gov. Glenn Youngkin, goes against the National Voter Registration Act’s requirement that mass voter removal programs must be completed at least 90 days before an election.
Youngkin’s executive order, issued 90 days before the election, directed local election officials to start removing voters who indicated noncitizenship on DMV forms. These voters are given 14 days to confirm their citizenship, or their registrations are canceled. The DOJ alleged that earlier versions of the program led to the removal of likely citizens from the rolls, highlighting cases where voters who had affirmed their citizenship repeatedly, including some with social security numbers, were still purged. The lawsuit claimed that local officials have no authority to prevent the cancellation of voters who fail to respond to notices, even if there are suspicions they are US citizens.
In response to the lawsuit, Youngkin accused the Biden administration of a “desperate attempt” to attack the legitimacy of the elections in Virginia, just 30 days before the election. He framed the lawsuit as an assault on American democracy and vowed to defend the policy. However, the Justice Department maintained that Virginia’s purge program violates federal law and undermines voter rights. By targeting potential noncitizen voters during the quiet period before an election, the administration argues that legitimate citizens could be wrongly removed from the voter rolls, potentially disenfranchising eligible voters.
The legal battle over Virginia’s purge program reflects broader concerns about voter suppression and election integrity, with partisan divisions shaping the debate. Republicans argue that efforts to remove potential noncitizen voters are necessary to safeguard the integrity of elections, while Democrats and voting rights advocates claim that such measures can lead to disenfranchisement and undermine democracy. The lawsuit against Virginia election officials is just one example of the ongoing conflicts surrounding voting rights and election administration in the United States, with the outcome likely to have implications beyond the upcoming election in Virginia.
As the legal proceedings unfold, the Biden administration’s lawsuit against Virginia election officials raises important questions about the balance between preventing voter fraud and safeguarding voter rights. By challenging the purge program initiated by Governor Youngkin, the Justice Department is signaling its commitment to enforcing federal voting laws and ensuring that all eligible citizens can participate in the electoral process. At the same time, the lawsuit underscores the ongoing challenges and controversies surrounding election administration in the United States, and the need for a fair and transparent voting system that upholds the principles of democracy. It remains to be seen how the courts will rule on this case and what impact it will have on future election practices and voter registration procedures.
