U.S. Department of Justice Sues Virginia Election Commission for Removing Voters from Registration Roll – LAW

The U.S. Department of Justice (DOJ) announced Friday that it has filed a lawsuit against the Virginia Board of Elections (VBE) and the state’s election commissioner, alleging a state program allegedly violates federal voter registration requirements.

The lawsuit alleges that the program violates “q“Rest period” provision des National Voter Registration Act of 1993 (NVRA). The law prohibits states from implementing programs that systematically remove voters from election rolls within 90 days of a federal election.

While states can implement programs to remove ineligible voters from voter rolls before the quiet period, the law specifically prohibits any removal programs within the 90-day period.

A press release on Friday said: Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division explained that the provision is intended to prevent errors and uncertainty leading up to elections.

“By deleting voter registrations within 90 days of Election Day, Virginia puts qualified voters at risk of being removed from the voter rolls and creates a risk of confusion for the electorate,” Clarke said. “Congress adopted the National Voter Registration Act’s grace period restriction to prevent error-prone last-minute efforts that too often disenfranchise qualified voters.”

The lawsuit follows an August 7 order from Virginia Governor Glenn Youngkin directing the Board of Elections to update the voter list by matching voters’ names and information with Department of Motor Vehicle (DMV) data.

“Over ninety percent of Virginia voters submit electronic registration applications online through the Department of Elections…which requires a valid registration [DMV] Authorization…” the order states. “When issuing an identification card, such as a driver’s license, the DMV verifies the applicant’s identification and legal status with the Department of Homeland Security… and the Social Security database[s].”

Voters flagged by the system received a notice asking them to respond within 14 days and provide proof of their eligibility to vote. Those who did not respond were removed from the voting lists.

Gov. Youngkin issued a press release with the order, arguing the measure would protect election integrity.

“This is not a Democratic or Republican problem, it is an American and Virginia problem. “Every legal vote deserves to be counted, without being diluted by illegal votes or inaccurate machines,” Youngkin said.

In its lawsuit, the DOJ seeks to restore voters who were unlawfully removed from the voting rolls, take measures to prevent future violations of the implied term, require the state to issue letters informing voters of their restored rights, and Conduct appropriate training programs for local officials and poll workers.

“The right to vote is the cornerstone of our democracy and the Department of Justice will continue to ensure the rights of qualified voters are protected,” Clarke said.