DOJ sues Virginia for allegedly purging noncitizens from voting rolls too close to election

The U.S. Department of Justice is suing Virginia, alleging that the commonwealth removed noncitizens from its voter rolls too close to Election Day.

The complaint alleges that the state Board of Elections and Virginia Commissioner of Elections Susan Beals violated the federal National Voter Registration Act (NVRA), which mandates that states must complete their maintenance program no later than 90 days before an election under a clause known as the Quiet Period Provision.

The agency alleges that Republican Gov. Glenn Youngkin violated the NVRA when announcing and subsequently carrying out an executive order which required the election commissioner to regularly update the state’s voter lists to remove individuals who have been “identified as noncitizens,” and had not responded to a request to verify their citizenship in 14 days. 

Under Youngkin’s executive order, Virginia has removed 6,303 individuals.

“The Executive Order formalized the Program and announced that 6,303 individuals had been removed from the rolls pursuant to the same process between January 2022 and July 2024,” the complaint said.

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The complaint notes that voters were identified as possible noncitizens if they responded “no” to questions about their citizenship status on certain forms submitted to the state Department of Motor Vehicles (DMV).

“This systematic voter removal program, which the State is conducting within 90 days of the upcoming federal election, violates the Quiet Period Provision,” the DOJ said.

In a statement, Yougkin pushed back on the Justice Department’s lawsuit, saying the lawsuit was “politically motivated.”

“With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls – a process that starts with someone declaring themselves a non-citizen and then registering to vote,” Youngkins said.

“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,” he said.

Younkin vowed to “defend these commonsense steps” and promised that the state’s election would be “secure and fair.”

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“With the support of our Attorney General, we will defend these commonsense steps, that we are legally required to take, with every resource available to us,” he said. “Virginia’s election will be secure and fair, and I will not stand idly by as this politically motivated action tries to interfere in our elections, period.”

A volunteer holds a sticker to give to a voter at a polling place on Election Day in Stamford, Conn. (AP Photo/Jessica Hill)

Sen. Mike Lee, R-Utah, wrote on X that the DOJ lawsuit is “election interference.”

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“The Biden-Harris administration is engaging in election interference,” he wrote. “They’re harassing states that are trying to make sure that noncitizens can’t vote. This is a lawless abuse of power.”

The Justice Department lawsuit against Virginia comes after the agency sued Alabama and its Republican Secretary of State Wes Allen over the state’s voter purge program that targeted noncitizen voters. 

The Justice Department has also sued Alabama and its Republican Secretary of State Wes Allen over the state’s voter purge program.  (AP Photo/Jose Luis Magana)

The Justice Department seeks injunctive relief that “would restore the ability of impacted eligible voters to vote unimpeded on Election Day,” and “would prohibit future quiet period violations,” the DOJ said in a statement.

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“The department also seeks remedial mailings to educate eligible voters concerning the restoration of their rights and adequate training of local officials and poll workers to address confusion and distrust among eligible voters accused of being noncitizens,” the agency said.

Fox News Digital has reached out to Youngkin for comment.