The U.S. Department of Justice is suing Virginia, alleging that the commonwealth removed noncitizens from its voter rolls too close to Election Day.

The complaint alleges that the state Board of Elections and Virginia Commissioner of Elections Susan Beals violated the federal National Voter Registration Act (NVRA), which mandates that states must complete their maintenance program no later than 90 days before an election under a clause known as the Quiet Period Provision.

The agency alleges that Republican Gov. Glenn Youngkin violated the NVRA when announcing and subsequently carrying out an executive order which required the election commissioner to regularly update the state’s voter lists to remove individuals who have been “identified as noncitizens,” and had not responded to a request to verify their citizenship in 14 days. Under Youngkin’s executive order, Virginia has removed 6,303 individuals.

“The Executive Order formalized the Program and announced that 6,303 individuals had been removed from the rolls pursuant to the same process between January 2022 and July 2024,” the complaint said.

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 (DMV).

“This systematic voter removal program, which the State is conducting within 90 days of the upcoming federal election, violates the Quiet Period Provision,” the DOJ said.

In a statement, Yougkin pushed back on the Justice Department’s lawsuit, saying the lawsuit was “politically motivated.”

“With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls – a process that starts with someone declaring themselves a non-citizen and then registering to vote,” Youngkins said.

“Virginians – and Americans – will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy,” he said.

Younkin vowed to “defend these commonsense steps” and promised that the state’s election would be “secure and fair.”

“With the support of our Attorney General, we will defend these commonsense steps, that we are legally required to take, with every resource available to us,” he said. “Virginia’s election will be secure and fair, and I will not stand idly by as this politically motivated action tries to interfere in our elections, period.”

The Justice Department lawsuit against Virginia comes after the agency sued Alabama and its Republican Secretary of State Wes Allen over the state’s voter purge program that targeted noncitizen voters.

Conclusion

There are a number of Constitutional amendments that apply to voting (15, 19, 24) but the most pertinent to this discussion is the one ratified in 1971.

The Twenty-Sixth Amendment of the US Constitution reads:

Section 1

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2

The Congress shall have power to enforce this article by appropriate legislation.

Congress could not help enforce this provision.   To politicians when they have the chance to pass law, it is like a tax, how could they resist having more.  Thus, federal laws passed over the years regarding Americans’ right to vote include:

• The Civil Rights Acts created some of the earliest federal protections against discrimination in voting. These protections were first outlined by the Civil Rights Act of 1870 and were later amended by the:

  • Civil Rights Act of 1957

  • Civil Rights Act of 1960

  • Civil Rights Act of 1964

• The Voting Rights Act of 1965 prohibited voter discrimination based on race, color, or membership in a language minority group. It also required certain places to provide election materials in languages besides English.

  • The act also placed limits on certain states with a history of voter discrimination. These states had to get federal approval before passing voter restrictions. A 2013 Supreme Court decision struck down this rule.

• The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities.

• The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the Military and Overseas Voting Empowerment (MOVE) Act of 2009 improved access to voting for military voters and voters living outside of the U.S.

• The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote. It also called for states to keep more accurate voter registration lists.

• The Help America Vote Act (HAVA) of 2002 authorized the federal funding of elections. It also created the U.S. Election Assistance Commission (EAC). The EAC helps states comply with HAVA to adopt minimum standards on voter education, registration, and ballots.

Therefore, if this is a US Constitutional Amendment and these are federal laws, I posture you this:

Is it the states that are violating the law and impeding “The right of citizens of the United States,” or is it the US DOJ that is doing so?

Is it the states that are enforcing the United States Constitution, or is it the US DOJ who is “abridging” the right of citizens of the United States to have their votes count by watering down the power of their vote by noncitizens?

The position of the law is often controlled by the power of the one to enforce the law.  Not all law is created equal, when the one with the power of enforcement decides to only position the law to assert control.  If you feel that the law is being used in an arbitrary and capricious manner against you or your loved ones, please call Winslow Law 843-357-9301.

Written By:

Tom Winslow

and

Sarah Rumpf-Whitten is a breaking news writer for Fox News Digital and Fox Business.