Former President Donald Trump accused the Department of Justice of assisting Democrats in cheating in elections by trying to add illegal voters to voter rolls in Virginia. However, Trump and other Republicans mischaracterized a lawsuit filed by the Justice Department, which accused Virginia officials of removing voters from their rolls too close to the general election in violation of federal election laws. The National Voter Registration Act prohibits states from removing voters from registration lists within 90 days of a federal election to prevent disenfranchisement.
The Justice Department filed a lawsuit against Virginia for violating the 90-day quiet period by removing voters from the rolls late in September, which Virginia Governor Glenn Youngkin defended, stating it was done to remove noncitizens from the voter rolls as required by a 2006 law. The Justice Department’s actions are in line with enforcing a deadline for voter roll maintenance that has been followed by election officials for about 30 years. GOP House Speaker Mike Johnson criticized the lawsuit, claiming it was an attempt to prevent Virginia officials from cleaning up their voter rolls and preventing noncitizens from voting.
Experts have found that voter fraud by noncitizens is rare and there is no evidence of widespread noncitizen voting in previous elections. The federal government has required states to regularly maintain voter rolls since the passage of the NVRA in 1993 but mandates that it be done ahead of the 90-day quiet period to prevent disenfranchising voters. Some Republican-led states, including Texas, have also made announcements about their voter roll maintenance leading up to the general election, highlighting potential noncitizens on the rolls. Maintaining voter rolls ensures states can remove ineligible voters but errors can occur, as seen in Texas in 2019.
Concerns have been raised by voting rights groups that routine yearly list maintenance is being presented by some states as evidence of a problem with voter rolls that does not exist. This presentation of routine updates may sow doubts about election accuracy and potentially undermine public trust in election outcomes. Despite these concerns, the Justice Department is enforcing the time frame for voter roll maintenance as outlined in the NVRA. The actions taken by the Justice Department are aimed at upholding federal election laws and preventing disenfranchisement without evidence of widespread voter fraud.
