The US Department of Justice (DOJ) announced Friday that it filed a lawsuit against the Virginia Board of Elections (VBE) and the state commissioner of elections, claiming a state program allegedly violated federal voter registration requirements.

The lawsuit alleges the program violated the “quiet period” provision of the National Voter Registration Act of 1993 (NVRA). The statute prohibits states from implementing programs that systematically remove voters from election lists within 90 days of a federal election. 

While states can operate programs to remove ineligible voters from election lists prior to the quiet period, the statute expressly prohibits any removal programs within the 90-day period.

In a Friday press release, Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division explained that the provision is meant to prevent error and uncertainty leading up to elections.

“By cancelling voter registrations within 90 days of Election Day, Virginia places qualified voters in jeopardy of being removed from the rolls and creates the risk of confusion for the electorate,” Clarke said. “Congress adopted the National Voter Registration Act’s quiet period restriction to prevent error-prone, eleventh hour efforts that all too often disenfranchise qualified voters.”

The lawsuit follows an August 7 executive order by Virginia Governor Glenn Youngkin that directed the election board to update the election list by checking voter names and information against Department of Motor Vehicle (DMV) data.

“Over ninety percent of voters in Virginia submit electronic registration applications online through the Department of Elections…which requires a valid [DMV] credential…” the order stated. “When issuing a credential such as a driver’s license, DMV verifies applicants proof of identity and legal status with the Department of Homeland Security…and Social Security database[s].”

Voters that were flagged by the system were sent a notice that required them to respond within 14 days, showing eligibility to vote. Those who did not respond were removed from election lists.

Governor Youngkin issued a press release with the order arguing the action would protect election integrity.

“This isn’t a Democrat or Republican issue, it’s an American and Virginian issue. Every legal vote deserves to be counted without being watered down by illegal votes or inaccurate machines,” Youngkin said. 

In its suit, the DOJ seeks to restore voters improperly removed from election lists, implement measures to prevent future quiet provision violations, require the state to issue mailings to educate voters on their restored rights, and apply adequate training programs for local officials and poll workers.

“The right to vote is the cornerstone of our democracy and the Justice Department will continue to ensure that the rights of qualified voters are protected,” Clarke said.