Virginia is the latest state to face accusations of illegally purging voters
Add Axios as your preferred source to
see more of our stories on Google.
Voters line up to cast their ballot as early voting starts in Arlington on Sept. 20. Photo: AFP via Getty Images
Two nonprofit organizations filed a lawsuit Monday against the Virginia Department of Elections, accusing the agency of violating federal voting rights law.
The big picture: The National Voter Registration Act has become a flashpoint ahead of the 2024 general election, with states like Alabama, Georgia, and now Virginia, facing allegations of purging voters from rolls.
- The law prevents states from removing voters from the active rolls less than 90 days before an election, during a so-called Quiet Period in order to prevent last-minute mistakes.
Zoom in: The Virginia Coalition for Immigrant Rights and the League of Women Voters of Virginia filed a suit in federal court Monday, "to challenge the state's policy of illegally and systematically removing voters from the rolls only one month before the upcoming election," the nonprofits said in a news release.
- They allege that an executive order signed by Gov. Glenn Youngkin (R) in August requiring daily updates to state voter lists to remove ineligible voters violates the Quiet Period required by the National Voter Registration Act.
- The order requires state and local election officials to remove individuals from the lists if Department of Motor Vehicles records don't indicate they're a U.S. citizen. But the lawsuit argues the DMV data can often be outdated and therefore inaccurate.
- "Defendants' Purge Program ... 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 lawsuit states.
What they're saying: Christian Martinez, spokesperson for Youngkin, said Virginia fully complies with all federal and state election laws.
- "Every step in the established list maintenance process is mandated by Virginia law and begins after an individual indicates they are not a citizen," Martinez said. "The DMV is mandated by law to send information about individuals who indicate they are a noncitizen in DMV transactions to [the state's elections office]."
- Martinez called the accusations "baseless," adding: "Anyone spreading misinformation about it is either ignoring Virginia law or is trying to undermine it because they want noncitizens to vote."
- Attorney General Jason Miyares's (R) office, too, said they're "confident in the position the Department of Elections has taken and stand ready to defend," per spokesperson Shaun Kenney.
Zoom out: The Justice Department filed a similar lawsuit last month over an Alabama program announced in August to remove potentially ineligible voters from its rolls, arguing it came too close to the upcoming election.
- The DOJ asked a federal court to reinstate eligible voters and require the state to inform anyone impacted that their ability to vote has been restored.
Go deeper: Alabama illegally purged voters too close to election, Justice Department says
