In August, Virginia Governor Glenn Youngkin issued an executive order outlining a process by which state election officials must make certain daily updates to the voter list. These include comparing the list of registered voters to the list of people whom the Virginia DMV has identified as foreign nationals. As described in the order, election officials must inform people who appear on both lists that they will be removed from the voter list unless they affirm their citizenship within 14 days.
This process has triggered a lawsuit by the U.S. Department of Justice, which argues that Virginia has violated the National Voter Registration Act. A section of the NVRA called the Quiet Period Provision prohibits states from conducting certain systematic efforts to remove ineligible voters from voter registration lists within 90 days before a federal election. The Department of Justice asserts that the Quiet Period Provision applies to the Virginia program, which the state conducted within the 90-day window. It alleges that the state has wrongfully removed some U.S. citizens from the list.
The Quiet Period Provision aims to reduce the risk of errors and confusion that could interfere with the right to vote. When a state incorrectly removes voters from a list during the 90-day period, the voters may not have time to fix the problem before the election. They also may lose confidence in the system and feel less inclined to vote.
This is the second time during this election cycle that the Department of Justice has alleged a violation of the Quiet Period Provision. At the end of last month, it sued Alabama on similar grounds. In each case, the Department of Justice seeks an order that would enable eligible voters affected by the NVRA violation to vote in the election. It also wants the court to order the state to inform these voters about the restoration of their rights.
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