In a legal clash poised to spark heated debate, the U.S. Department of Justice (DOJ) has initiated a lawsuit against the Commonwealth of Virginia regarding an executive order from its governor.
The U.S. Department of Justice filed a lawsuit against Virginia, asserting that Gov. Glenn Youngkin’s executive order to remove noncitizens from voter rolls violates federal law due to its timing close to the election battle between Donald Trump and Kamala Harris, as the Daily Caller reports.
On Friday, the DOJ challenged the actions of Youngkin, whose executive order aimed to enhance election security by maintaining voter lists and removing nonqualified participants. Signed on Aug. 7, Youngkin’s Executive Order 35 has led to a legal confrontation with the federal agency.
The DOJ contends that Youngkin's directive and actions by the Virginia State Board of Elections have contravened the National Voter Registration Act (NVRA). The NVRA includes a Quiet Period Provision, designed to protect the integrity of voter lists close to an election by preventing systemic removals within 90 days of election day.
In this case, the DOJ argues that Virginia breached this vote-protecting provision by attempting to purge noncitizens just as the short countdown to the Nov. 5 election began. The federal agency fears that this order might lead to confusion among voters and potential errors impacting the eligibility of voters. While the NVRA allows states a degree of leeway to manage their voter lists, the DOJ emphasizes that such actions cannot be systemic or undertaken in the narrow window before a federal vote.
The highlighted provision of Youngkin’s order requires election officials, including Virginia Commissioner of Elections Susan Beals, to update the voter lists in active fashion. Noncitizens who do not respond to citizenship verification requests within two weeks face removal under these stipulations, a scenario the DOJ disputes.
This executive effort was initiated precisely 90 days before the pivotal November election, a timeline the DOJ views as problematic under current federal election laws. The agency's lawsuit aims to halt the enforcement of any systematic removal based on the order. Adding another layer to the ongoing legal discussion, the DOJ had previously filed a comparable lawsuit against Alabama on Sept. 28, addressing similar concerns over voter roll management.
Youngkin has responded defiantly to the lawsuit, casting it as a sweeping intervention by the federal administration. He challenges the DOJ's decision to sue “the commonwealth of Virginia” and himself for what he insists is an “appropriate enforcement” of a 2006 statute.
Youngkin has positioned this legal confrontation within the broader political arena, suggesting that Virginians and Americans will perceive it as a ploy against the authenticity of elections in Virginia, which he passionately describes as "the very crucible of American Democracy."
This legal dispute raises significant questions about the balance between state-level election management and federal oversight, particularly in the sensitive period preceding elections.
The DOJ's lawsuit against Virginia centers around Youngkin's Executive Order 35, signed exactly 90 days before an important election for the purpose of cleansing voter rolls of noncitizens. The federal law quiet period provision, as detailed by the NVRA, prohibits such actions close to election times to protect voters.
Simultaneously, the order stipulates that election officials, like Commissioner Susan Beals, must verify citizenship to maintain voter list integrity. However, this directive has triggered an escalating legal battle with the DOJ, focusing on election laws.
This case, alongside the DOJ's actions in Alabama, underscores the delicate dance between state-led election integrity measures and the NVRA's federally mandated protections, potentially setting a precedent for future electoral disputes.
