Youngkin hits back at DOJ suit over 'common sense' law that culls noncitizens from voter rolls
Republican Virginia Gov. Glenn Youngkin hit back at the Department of Justice's lawsuit against the state over an election reform law that he said was most recently used by previous Democratic state leaders without intervention from the federal government.
"To be clear, this is not a purge. This is based on a law that was signed into effect in 2006 by then-Democrat Gov. Tim Kaine. And it starts with a basic premise that when someone walks into one of our DMVs and self-identifies as a noncitizen, and then they end up on the voter rolls, either purposely or by accident, that we go through a process, individualized – not system, not systematic – an individualized process based on that person's self-identification as a noncitizen to give them 14 days to affirm they are a citizen," Youngkin said during an appearance on "Fox News Sunday," anchored by Shannon Bream.
"And if they don't, they come off the voter rolls. And by the way, they have one last safeguard, which is they can come and same day register and cast a provisional ballot," he added.
Youngkin was responding to a DOJ suit filed on Oct. 11 alleging the state, its board of elections and elections commissioner violated a federal law by carrying out an executive order by Youngkin. The order directs municipal and/or state officials to cull names of people who are "unable to verify that they are citizens" to the Department of Motor Vehicles for voter registration purposes.
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The complaint argues federal law says states must complete their maintenance programs no later than 90 days before an election, citing a clause known as the Quiet Period Provision. The complaint notes that voters were identified as possible noncitizens if they responded "no" to questions about their citizenship status on certain forms submitted to the state Department of Motor Vehicles.
Youngkin continued on Sunday that the law has been on the books for 18 years, but is now coming under fire from the federal government after Youngkin's administration enforced it.
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"Back in 2006, the then-Justice Department actually approved of this law and said that it is not only further constitutional, but we have given it thorough review, and we're OK with you moving ahead with it," he said.
"Now, 25 days last week before the election, a Justice Department decides they are going to bring suit after this law has been in effect for 18 years, administered by Democrat and Republican governors. And this is the reason why I believe that Americans and Virginians wonder what the Justice Department is up to. It's been in effect for 18 years. It's been applied universally by Republican and Democrat governors. And now all of a sudden, when Virginia is getting tight… it launches a lawsuit against the Commonwealth of Virginia when we are trying to make sure that citizens vote, not noncitizens," he said.
Youngkin's executive order cited Virginia code 24.2-439, which requires government registrars to cancel noncitizens’ voter registrations deemed to have been sought under false pretenses. It also cited Virginia Code 24.2-1019, requiring registrars to immediately notify their county or city prosecutor of such situations.
The Republican governor underscored that he is not enforcing a voter roll "purge," but an "individualized" safeguard system to ensure legal residents are the only people to vote in elections.
"It had been used within the 90-day quiet period, most recently by Democrat Gov. Terry McAuliffe and Ralph Northam. And they said nothing about it at the time. The reality is that this is not a purge. It is not systematic. It is individualized. And it starts with someone identifying as a noncitizen and then ending up on our voter rolls. As I said, either purposely or by accident. And the reality is, how can we as a nation, and how can I, as a governor, allow noncitizens to be on the voter roll? This is just not right. It's not just constitutionally correct. It's common sense," he continued.
"Elections in the United States should be decided by citizens, and noncitizens just shouldn't be on the voter rolls. And we're going to make sure that elections in Virginia are fair and accurate and safe. We have paper ballots. We have counting machines, not voting machines. We have great custody laws. And we're going to make sure that we have… the cleanest voter rolls in the country."
Fox News Digital's Charles Creitz and Adam Shaw contributed to this report.