The Biden administration has filed a lawsuit against Virginia election officials for purging voters flagged as potential noncitizens during the quiet period before an election, which is prohibited by federal law. This move comes after a similar challenge was made to Alabama officials for removing voters from registration rolls. Republicans have focused on the threat of noncitizen voting in the 2024 campaign, despite it being a rare occurrence.
The Justice Department claims that Virginia’s purge program, implemented by Governor Glenn Youngkin’s executive order, violates the National Voter Registration Act’s requirement that mass voter removal programs be completed at least 90 days before an election. Although the executive order was issued exactly 90 days before the election, there are indications that removals have been ongoing since then. Local election officials were directed to remove voters who indicated noncitizenship on DMV forms, leading to potential citizens being removed from the rolls.
According to the DOJ lawsuit, county election officials found that many voters purged under the program had repeatedly affirmed their citizenship, including some with social security numbers. The program does not allow officials to prevent the cancellation of voters who fail to respond to notices, even if they are believed to be US citizens. Youngkin accused the Biden administration of attacking the legitimacy of elections in Virginia with this lawsuit, calling it a desperate attempt less than 30 days before the election. He pledged to defend the policy in response to the legal action.
The focus on noncitizen voting and voter purges has become a central issue in the 2024 campaign, with the Biden administration challenging states that engage in such practices. The lawsuit against Virginia election officials is part of a broader effort to ensure that voter removal programs comply with federal law and do not disenfranchise eligible voters. Despite claims of noncitizen voting being rare, Republicans continue to highlight it as a major concern, sparking legal battles over election integrity.
The Justice Department is arguing that Virginia’s purge program is in violation of federal law and could result in the removal of eligible voters from registration rolls. By targeting those who have indicated noncitizenship on DMV forms, the program risks disenfranchising citizens who may have inadvertently made such a designation. The lack of discretion for local election officials to prevent cancellations of potentially eligible voters raises concerns about the fairness and accuracy of the purge process.
As the legal battle over Virginia’s voter purge program continues, the issue of election integrity and voter suppression remains at the forefront of political discourse. The outcome of these legal challenges could have far-reaching implications for future elections and the protection of voters’ rights. The Biden administration’s efforts to challenge state-level voter purges underscore the importance of upholding federal law and ensuring that all eligible voters have the opportunity to participate in the democratic process.
