The Justice Department has initiated legal action against the State of Virginia, its State Board of Elections, and the Virginia Commissioner of Elections. The lawsuit challenges a state program that aims to remove voters from election rolls too close to the upcoming November 5 general election, allegedly violating the National Voter Registration Act of 1993 (NVRA).
According to Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision, states must complete systematic programs for removing ineligible voters from registration lists at least 90 days before federal elections. This provision applies to programs targeting names on voter registration lists due to perceived failures in meeting initial eligibility requirements like citizenship.
Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division emphasized: “As the National Voter Registration Act mandates, officials across the country should take heed of the law’s crystal clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election.” She further noted that by canceling registrations within this period, Virginia risks disenfranchising qualified voters and creating confusion.
The Quiet Period is designed to protect voters by preventing error-prone removal programs that could lead to eligible voters being unable to vote or discouraged from voting. States are allowed to update voter lists but cannot conduct such systematic removals so close to a federal election.
On August 7, Virginia's governor signed an executive order requiring daily updates to voter lists. These updates involved comparing non-citizen identifications from the State Department of Motor Vehicles with existing registered voters. Local registrars were then tasked with notifying matched individuals about their pending cancellation unless they confirmed their citizenship within 14 days. This process reportedly led to U.S. citizens having their registrations canceled.
This procedure continued into late September, breaching the Quiet Period Provision according to federal authorities. The Justice Department seeks injunctive relief to ensure affected eligible voters can vote without hindrance on Election Day and prevent future violations during quiet periods. Additionally, it requests remedial actions such as mailings for voter education and training for local officials and poll workers.
Assistant Attorney General Kristen Clarke, U.S. Attorney Jessica Aber for the Eastern District of Virginia, and U.S. Attorney Christopher R. Kavanaugh for the Western District of Virginia announced this legal move.
Eligible individuals who believe they were wrongly removed from voter rolls can contact the Civil Rights Division’s Voting Section through civilrights.justice.gov or call 1-800-253-3931 for assistance. More information about voting rights is available at justice.gov/voting.