Virginiaโs recent voter roll maintenance, enacted through an executive order by Governor Glenn Youngkin, has sparked controversy and legal action. This action, which removed over 1,600 individuals flagged as potential noncitizens from the voter rolls, was part of an effort to ensure that only eligible voters participate in upcoming elections. However, the purge, launched just 88 days before the general election, raised questions about timing, accuracy, and potential impacts on eligible voters.
The Background of the Purge
The purge began following Youngkinโs Executive Order 35, issued on August 7, 2024. This directive instructed the Virginia Department of Elections to conduct daily updates to identify and remove individuals flagged as noncitizens based on data provided by the Department of Motor Vehicles (DMV). The order required local election offices to notify affected individuals and give them 14 days to respond with proof of citizenship, or they would be removed from the rollsโ (Justice.govโ)(VPM).
Federal law, through the National Voter Registration Act (NVRA), mandates a โquiet periodโ of 90 days before federal elections, during which states are generally prohibited from performing systematic voter roll maintenance. This provision is intended to prevent hasty, error-prone removals close to an election. By launching the purge just 88 days before Election Day, critics argue Virginia violated this rule, potentially jeopardizing eligible votersโ rightsโ (Justice.govโ)(Democracy Docketโ)(Virginia Mercury).
Legal Challenges and Concerns
The purge faced immediate backlash from voting rights organizations and the U.S. Department of Justice (DOJ), which filed a lawsuit claiming the action violated the NVRAโs quiet period. The lawsuit argues that relying on DMV data was problematic, as these records often inaccurately list naturalized citizens as noncitizens. DMV records, which record citizenship status at the time of obtaining a driverโs license, do not always update automatically when individuals later become U.S. citizensโ (Justice.govโ)(VPM).
This approach, critics say, risks disproportionately affecting naturalized citizens and other eligible voters. In one example cited in the lawsuit, Fairfax County election officials flagged 66 individuals based on DMV data. Of these, 17 responded to notices and were allowed to remain registered, while 49 were removed due to non-response. Critics argue that such removals, especially within the quiet period, risk disenfranchising eligible citizensโ (WVTFโ)(Virginia Mercury).
Opportunities to Correct Errors
Despite concerns, several safeguards are in place for Virginians who may be mistakenly removed from the voter rolls. Virginia law allows voters to register or update their registration up to 22 days before a general election, which was October 14, 2024, for this election cycle. Additionally, Virginiaโs same-day registration policy during early voting and on Election Day allows affected individuals to cast a provisional ballot, which is then reviewed and verified before countingโ (League of Women Votersโ)(Virginia Law).
These options mean that voters flagged in error can restore their status, even close to Election Day. While these processes may create some inconvenience, they offer pathways to ensure eligible voters retain their right to vote.
Mixed Reactions and a Call for Transparency
Supporters of the purge argue that it is a necessary step to maintain election integrity by ensuring only eligible voters participate. Christian Martinez, a spokesperson for Youngkin, stated that the voter list maintenance process adheres to both state and federal law, and that concerns about noncitizens voting justify these actions. โThe DMV is mandated by law to send information about individuals who indicate they are noncitizens in DMV transactions,โ Martinez explained, adding that anyone contesting this approach misunderstands Virginiaโs commitment to a lawful processโ (VPM).
Conversely, voting rights advocates and immigrant groups argue that the purge, if not carefully managed, could disenfranchise legitimate voters. Orion Danjuma, a lawyer representing affected groups, emphasized that using potentially outdated data and providing only a 14-day response window is inadequate. Advocacy groups call for improved transparency and outreach to ensure eligible voters, especially naturalized citizens, arenโt wrongfully removed in the futureโ (Justice.gov).
Moving Forward: Balancing Integrity and Access
The debate over Virginiaโs voter roll purge highlights the delicate balance between preventing ineligible voting and safeguarding eligible citizensโ rights. While the purge aimed to protect election integrity, critics argue that the timing and methods were problematic, raising concerns over potential unintended consequences for legitimate voters. The legal actions, alongside provisional ballot and same-day registration options, illustrate the need for robust protections to ensure that voter roll maintenance does not inadvertently infringe upon the fundamental right to vote.
As Election Day approaches, Virginiaโs case underscores a national conversation on how to best achieve secure and accessible elections. Voters who are concerned about their registration status are encouraged to verify it through the Virginia Department of Elections or consult local election offices to ensure their ability to vote remains intactโ (Justice.govโ)(League of Women Votersโ)(WVTF).
Dave Soulia | FYIVT
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