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US justice department sues Virginia elections board for removing voters from registration list

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US justice department sues Virginia elections board for removing voters from registration list


The US Department of Justice (DOJ) announced Friday that it filed a lawsuit against the Virginia Board of Elections (VBE) and the state Commissioner of Elections, claiming a state program allegedly violated federal voter registration requirements.

The lawsuit alleges the program violated the “quiet period” provision of the National Voter Registration Act of 1993 (NVRA). The statute prohibits states from implementing programs that systematically remove voters from election lists within 90 days of a federal election. 

While states can operate programs to remove ineligible voters from election lists prior to the quiet period, the statute expressly prohibits any removal programs within the 90-day period.

In a Friday press release, Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division explained that the provision is meant to prevent error and uncertainty leading up to elections.

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By cancelling 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. “Congress adopted the National Voter Registration Act’s quiet period restriction to prevent error-prone, eleventh hour efforts that all too often disenfranchise qualified voters.”

The lawsuit follows an August 7 executive order by Virginia Governor Glenn Youngkin that directed the election board to update the election list by checking voter names and information against Department of Motor Vehicle (DMV) data.

“Over ninety percent of voters in Virginia submit electronic registration applications online through the Department of Elections … which requires a valid [DMV] credential …” the order stated. “When issuing a credential such as a driver’s license, DMV verifies applicants proof of identity and legal status with the Department of Homeland Security … and Social Security database[s].”

Voters that were flagged by the system were sent a notice that required them to respond within 14 days, showing eligibility to vote. Those who did not respond were removed from election lists.

Governor Youngkin issued a press release with the order arguing the action would protect election integrity.

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“This isn’t a Democrat or Republican issue, it’s an American and Virginian issue. Every legal vote deserves to be counted without being watered down by illegal votes or inaccurate machines,” Youngkin said. 

In its suit, the DOJ seeks to restore voters improperly removed from election lists, implement measures to prevent future quiet provision violations, require the state to issue mailings to educate voters on their restored rights, and apply adequate training programs for local officials and poll workers.

“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,” Clarke said. 



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Virginia

What Jeff Brohm Said After Louisville’s 24-20 Win at Virginia

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What Jeff Brohm Said After Louisville’s 24-20 Win at Virginia


LOUISVILLE, Ky. – Hitting the road to face Virginia in their first ACC game away from home, the Louisville football program was able to get back in the win column, mounting a fourth quarter comeback to win 24-20 in Charlottesville.

“Really proud of our football team,” head coach Jeff Brohm said. “To come on the road, beat a team that’s 2-0 in the conference, in a back and forth game that wasn’t perfect by any means. But it was a hard, workmanlike job that our team did.

“I was proud of the work they put in this week, I was proud of the coaches’ work they put in this week. We made some strides. Obviously, there’s more to to do, and there’s many improvements to make, but we came out with a win. I was proud of our football team. They did a really good job.”

While Louisville did snap a two-game skid, the win came in spite of another overall disjointed effort from Louisville. Defensively, they gave up 449 total yards, and allowed Virginia to go 8-of-19 on third downs. Offensively, while they put up 408 yard themselves, the Cardinals went just 3-of-10 on third downs and committed six penalties (as part of eight overall).

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Here’s what Brohm had to say following the win:

(Photo of Jeff Brohm: Amber Searls – Imagn Images)

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US Justice Dept sues Virginia for violating federal election law.

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US Justice Dept sues Virginia for violating federal election law.


The US Justice Dept sues Virginia for violating federal election law.

The Justice Department announced today that it has initiated a lawsuit against the State of Virginia, the Virginia State Board of Elections, and the Virginia Commissioner of Elections for violating federal law’s prohibition on systematic efforts to remove voters within 90 days of an election.

This legal action is in response to a state program that seeks to remove voters from the election rolls too close to the general election on November 5, which is seen as a violation of the National Voter Registration Act of 1993 (NVRA). According to Section 8(c)(2) of the NVRA, known as the Quiet Period Provision, states must finish systematic efforts to remove ineligible voters from registration lists at least 90 days before federal elections. This provision is designed to ensure that states do not remove names from voter registration lists based on assumptions about eligibility, such as citizenship, at the time of registration.

“As the National Voter Registration Act mandates, officials across the country should take heed of the law’s crystal clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By cancelling 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. Congress adopted the National Voter Registration Act’s quiet period restriction to prevent error-prone, eleventh hour efforts that all too often disenfranchise qualified voters. 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.”

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The Quiet Period serves as a crucial safeguard for voters, as systematic removal initiatives can often be fraught with errors, leading to confusion and the potential disenfranchisement of eligible voters just days or weeks before an election. This can leave individuals unable to rectify any mistakes made by the state in time to cast their votes or may discourage them from voting altogether.

 Trump Pleads Not Guilty in Election Fraud Suit

While states have various methods and reasons for removing names from official voter lists, they are prohibited from implementing such systematic removal programs too close to a federal election. On August 7, the governor of Virginia enacted an executive order mandating that the commissioner of the Department of Elections ensure the department is performing “Daily Updates to the Voter List.”

These updates involve “comparing the list of individuals identified as non-citizens” by the State Department of Motor Vehicles with the list of currently registered voters. Local registrars are then tasked with notifying any individuals whose registrations are at risk of cancellation unless they can confirm their citizenship within 14 days. The notice instructs recipients, who are indeed U.S. citizens and eligible to vote, to fill out and return an Affirmation of Citizenship form.

It also warns that failure to respond within the 14-day window will result in their removal from the registered voter list. This procedure has unfortunately led to the cancellation of voter registrations for U.S. citizens.

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The executive order has established a formal procedure for maintaining an ongoing list, which has continued into the quiet period, with activities noted as recently as late September. This organized voter removal initiative, being conducted by the State within 90 days of the upcoming federal election, is in violation of the Quiet Period Provision.

The Justice Department is seeking injunctive relief to ensure that affected eligible voters can cast their ballots freely on Election Day and to prevent any future violations of the quiet period. Additionally, the department aims to implement remedial mailings to inform eligible voters about the restoration of their rights and to provide proper training for local officials and poll workers to alleviate confusion and mistrust among voters who have been wrongly identified as noncitizens.

The announcement was made by Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division, along with U.S. Attorney Jessica Aber for the Eastern District of Virginia and U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia.

 California Election Law



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

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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.

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“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.

DOJ SUES ALABAMA, STATE’S TOP ELECTION OFFICIAL FOR ALLEGEDLY PURGING NONCITIZEN VOTERS TOO CLOSE TO ELECTION

Virginia Gov. Glenn Youngkin speaks during the Republican National Convention at the Fiserv Forum in Milwaukee, July 15. (Eva Marie Uzcategui/Bloomberg via Getty Images)

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.

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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.”

YOUNGKIN MANDATES ALL PAPER BALLOTS FOR PRESIDENTIAL ELECTIONS IN VIRGINIA

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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.”

I voted stickers

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.”

THOUSANDS OF NONCITIZENS REMOVED FROM VOTER ROLLS, DOZENS OF LAWMAKERS WANT ANSWERS FROM GARLANDc

“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. 

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DOJ insignia

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.

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