Biden Administration Takes Legal Action Against Virginia’s Voter Purge Program

The Biden administration has filed a lawsuit against Virginia election officials, claiming they have violated federal law by implementing a voter purge targeting individuals flagged as potential noncitizens. This legal action comes during the “quiet period” before elections, when officials are prohibited from systematically removing voters from registration rolls.

This lawsuit follows a similar challenge by the Justice Department against Alabama officials for their own voter removal efforts. As the 2024 election approaches, Republican leaders have focused heavily on the perceived threat of noncitizen voting, despite the fact that instances of such voting are exceedingly rare.

In the legal filings submitted on Friday, the Justice Department argues that Virginia’s voter purge program, established by an executive order from Republican Governor Glenn Youngkin in August, breaches the National Voter Registration Act. This federal law stipulates that any mass removal of voters must be finalized no later than 90 days prior to an election. The order was issued exactly 90 days before the upcoming election; however, the Justice Department asserts that voter removals under this directive have been ongoing since then.

Youngkin’s executive order mandates that local election officials remove any voters who indicated noncitizen status on their Department of Motor Vehicles (DMV) forms. Affected voters receive mail notifications, providing them with a 14-day window to affirm their citizenship or face cancellation of their registrations.

The lawsuit cites previous instances where the program has likely resulted in the removal of eligible citizens from the voter rolls. It references comments from a county election official who reviewed the records of individuals purged under the program. Many of these individuals had consistently affirmed their citizenship, including some who possessed Social Security numbers. The lawsuit contends that local election officials lack the discretion to prevent the cancellation of registrations if voters do not respond to these notices, even if there is reason to believe they are U.S. citizens.

In response to the lawsuit, Governor Youngkin criticized the Biden administration for what he called an “unprecedented” legal challenge so close to the election. He suggested that this lawsuit represents a “desperate attempt” to undermine the legitimacy of elections in Virginia, a state he considers a cornerstone of American democracy. Youngkin has vowed to defend the state’s policy vigorously.

The implications of this lawsuit extend beyond Virginia, reflecting a broader national debate over voting rights and election integrity. As various states implement different strategies to address concerns about voter fraud, the legal battles are likely to intensify in the run-up to the election.

This situation highlights the tension between state-level efforts to regulate voting and federal laws designed to protect voter access. Critics argue that measures like the voter purge program disproportionately affect marginalized groups and can disenfranchise eligible voters. Proponents, however, contend that these actions are necessary to maintain the integrity of the electoral process.

As the election date draws near, the Biden administration’s lawsuit could set a precedent for how similar cases are handled across the country. If successful, it may encourage further scrutiny of voter purge practices and push states to adopt more inclusive policies.

The outcome of this legal battle will be closely watched, not only by election officials but also by voters concerned about their rights and access to the polls. As both parties gear up for the 2024 election, issues surrounding voter suppression and election integrity are expected to remain at the forefront of political discourse.

In summary, the Biden administration’s legal action against Virginia’s voter purge program reflects ongoing tensions surrounding voting rights and election integrity. With the 2024 election approaching, this case may have significant implications for how states manage voter registration and address concerns about noncitizen voting. The stakes are high, and the outcome could influence not just Virginia but the entire national conversation on electoral policies.