Virginia Non-Citizen Voter Roll Cleanup (2024)

Virginia Non-Citizen Voter Roll Cleanup (2024) — Governor Glenn Youngkin issued an executive order to remove self-identified non-citizens from Virginia's voter rolls, resulting in identification of 6,303 affected registrations, a DOJ lawsuit, and a federal judge's order to reinstate over 1,500 individuals just 11 days before the 2024 presidential election.

Summary

In September 2024, Virginia Governor Glenn Youngkin signed an executive order directing the Virginia Department of Elections to systematically identify and remove non-citizens from the state's voter rolls. The program relied on data from the Virginia Department of Motor Vehicles (DMV), where individuals had self-identified as non-citizens when obtaining driver's licenses or ID cards. Those flagged were sent notices giving them 14 days to affirm their U.S. citizenship, after which non-respondents were removed from the rolls. The administration identified approximately 6,303 individuals on voter rolls who had self-identified as non-citizens at the DMV.

On October 11, 2024, the Biden-Harris Department of Justice filed suit against Virginia, arguing the program violated the National Voter Registration Act's prohibition on "systematic" voter removal efforts within 90 days of a federal election — a provision sometimes called the "quiet period" rule. Virginia defended its program, arguing the removals were individualized rather than systematic, pointing to an unobjected-to 2006 state law signed by Democratic Governor Tim Kaine requiring non-citizen removal from rolls. A 2006 DOJ memo from the George W. Bush administration had also not objected to that underlying Virginia law.

On October 25, 2024 — eleven days before the November 5 presidential election — U.S. District Judge Patricia Giles ordered Virginia to halt the removal program and reinstate more than 1,500 individuals who had been removed. The DOJ had presented evidence that at least 43 individuals removed from rolls in Prince William County were likely U.S. citizens. Governor Youngkin immediately criticized the ruling, stating a federal judge had ordered "self-identified noncitizens back onto the voter rolls." Virginia appealed to the Fourth Circuit Court of Appeals and indicated willingness to appeal further to the U.S. Supreme Court if needed. The controversy drew national attention to questions of election integrity, voter roll maintenance, and the federal quiet period rule.

Key Details

Date: September 2024 (executive order); October 11, 2024 (DOJ lawsuit); October 25, 2024 (federal court order — 11 days before election)
Location: Virginia (statewide); key court proceedings in federal district court
Key People: Governor Glenn Youngkin; U.S. District Judge Patricia Giles; U.S. Department of Justice (Biden-Harris administration); Virginia Department of Elections
Outcome: Federal judge ordered 1,500+ reinstated to voter rolls 11 days before the 2024 election; Virginia appealed; broader debate over voter roll maintenance and federal quiet period rule continued

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