DOJ Once Approved Virginia Law to Remove Noncitizens from Voter Rolls but Are Now Suing Gov. Youngkin over It

Virginia is being sued by the Department of Justice (DOJ) over Republican Gov. Glenn Youngkin’s enforcement of a measure aimed at culling noncitizens from the voter rolls — a law introduced by former Gov. Tim Kaine (D), which the DOJ previously approved.

Youngkin issued Executive Order 35 on August 7, directing election officials to remove the names of people who are “unable to verify that they are citizens” to the Department of Motor Vehicles (DMV).

According to the Republican governor, the commonwealth removed 6,303 noncitizens from its voter rolls between January 2022 and July 2024, saying they may have “purposefully or accidentally registered to vote.”

The DOJ filed its lawsuit on October 11 in an Alexandria federal court, alleging that the state, its board of elections, and Elections Commissioner Susan Beals are “violating federal law’s prohibition on systematic efforts to remove voters within 90 days of an election.”

“Section 8(c)(2) of the National Voter Registration Act of 1993 (NVRA), also known as the Quiet Period Provision, requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists no later than 90 days before federal elections,” the department said in a press release. “The Quiet Period Provision applies to certain systematic programs carried out by states that are aimed at striking names from voter registration lists based on a perceived failure to meet initial eligibility requirements — including citizenship — at the time of registration.”

While federal law prevents the systemic removal of voters within 90 days of Election Day, Youngkin’s position is that any removals made within that period are case-by-case, not systematic, and therefore allowed under the law.

The Justice Department is seeking injunctive relief that would restore the ability of impacted eligible voters to vote on November 5 and would prohibit future quiet period violations, officials said.

“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 press release noted.

Despite the DOJ’s problems with Youngkin’s executive order, the governor told Fox News that it was only enforcing a 2006 rule put in place by then-Gov. Kaine — now a U.S. senator — and that it was pre-cleared by the DOJ at the time.

“[W]e now know that the Virginia law was reviewed and expressly approved by the DOJ civil rights division,” Youngkin said. “Now, after being applied for 18 years by both Democrat and Republican governors, with just 25 days before the presidential election, the Biden-Harris DOJ sues Virginia: Ensuring Virginia’s voter rolls do not include non-citizens is constitutional, it’s the law in Virginia and it’s common sense.”

A Kaine administration correspondence obtained by the outlet confirmed this to be the case, revealing that a Virginia Attorney General’s official official asked the DOJ, then under former President George W. Bush (R), for approval of the law.

An official in the Civil Rights Division’s Voting Section wrote back two months later in December 2006, saying that the U.S. attorney general “does not interpose any objections to the specific changes,” although they noted that the feds could object in the future.

An “internal Richmond memo” obtained by Fox News “asserted that the established process for removing noncitizens from voter rolls has taken place under Democratic and Republican governors since Kaine,” the outlet reported.

“The Virginia model for Election Security works. This isn’t a Democrat or Republican issue, it’s an American and Virginian issue,” Youngkin said when announcing the Executive Order in August. “Every legal vote deserves to be counted without being watered down by illegal votes or inaccurate machines. In Virginia, we don’t play games and our model for election security is working.”

After the DOJ announced its lawsuit, the governor released a scathing statement pledging the defend the “commonsense” rule:

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. 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. 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. 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.

Youngkin further responded to the lawsuit during a Sunday Fox News appearance with Shannon Bream, saying that there is already a safeguard in place for those who should not have been culled from the voter rolls — same-day registration and voting. 

A spokesperson for Sen. Kaine said, “just as we want to block non-citizens from voting, we need to keep eligible voters from being purged from voting rolls, particularly just weeks from an election.”

“Senator Kaine is focused on making sure that every eligible Virginian has the opportunity to vote in this critical election,” the spokesperson added in a statement to Fox News.