Virginia voter roll removal process violates federal law, groups allege — state fires back

A lawsuit lodged against Virginia attorney general Jason Miyares and various state elections officials alleges that an effort to eliminate noncitizens from voter registration rolls runs afoul of federal law.

The suit refers to the voter roll maintenance effort as a “Purge Program” and asserts that it violates the National Voter Registration Act.

Plaintiffs include the Virginia Coalition for Immigrant Rights, League of Women Voters of Virginia and the League of Women Voters of Virginia Education Fund.

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“Less than 60 days ago, Defendants announced the latest version of an effort to implement an ongoing program to systematically remove certain voters from the rolls. But federal law mandates that no such voter cancelation or list maintenance programs may be conducted during the 90-day ‘quiet period’ before an election,” the suit reads. 

“It is an illegal, discriminatory, and error-ridden program that has directed the cancelation of voter registrations of naturalized U.S. citizens and jeopardizes the rights of countless others,” the suit claims.

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A sample ballot is displayed on the first day of Virginia’s in-person early voting at Long Bridge Park Aquatics and Fitness Center on Sept. 20, 2024, in Arlington, Virginia. (Andrew Harnik/Getty Images)

Christian Martinez, a spokesperson for Virginia Gov. Glenn Youngkin (R), has defended the process.

“Every step in the established list maintenance process is mandated by Virginia law and begins after an individual indicates they are not a citizen. The DMV is mandated by law to send information about individuals who indicate they are a noncitizen in DMV transactions to (the state elections office),” Martinez noted, according to The Associated Press. “Anyone spreading misinformation about it is either ignoring Virginia law or is trying to undermine it because they want noncitizens to vote.”

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A sample ballot and a voting sign are displayed on the first day of Virginia’s in-person early voting at Long Bridge Park Aquatics and Fitness Center on Sept. 20, 2024, in Arlington, Virginia. (Andrew Harnik/Getty Images)

The AP also reported that Shaun Kenney, a spokesperson for the attorney general, noted via email, “We feel confident in the position the Department of Elections has taken and stand ready to defend.”

Early voting in Virginia for the 2024 elections began last month.