Virginia Governor Glenn Youngkin (R) laid down the facts for CNN’s Jake Tapper, pushing back on the Justice Department’s recent lawsuit against Virginia’s initiative to remove non-citizens from its voter rolls.
The DOJ recently announced that it is suing Virginia for what it claims is an unlawful purging of non-citizens from the voter rolls, supposedly violating the National Voter Registration Act of 1993 (NVRA).
According to the DOJ press release:
Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision, requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists no later than 90 days before federal elections. The Quiet Period Provision applies to certain systematic programs carried out by states that are aimed at striking names from voter registration lists based on a perceived failure to meet initial eligibility requirements — including citizenship — at the time of registration.
“As the National Voter Registration Act mandates, officials across the country should take heed of the law’s crystal clear and unequivocal restrictions on systematic list maintenance efforts that fall within 90 days of an election,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “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. 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 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.”
The Quiet Period is an important protection for voters, because systematic removal programs may be error-ridden, cause voter confusion and remove eligible voters days or weeks before Election Day who may be unable to correct the State’s errors in time to vote or may be dissuaded from voting at all. States may remove names from official lists of voters in various ways and for various reasons, but they may not carry-on this kind of systematic removal program so close to a federal election.
However, Youngkin wasted no time in calling out the hypocrisy, reminding CNN’s Jake Tapper that this law has been in effect in Virginia since 2006 under a Democratic governor and has never been an issue—until now.
During the interview with Jake Tapper on CNN, Youngkin laid out the facts: Virginia’s system relies on individuals self-identifying as non-citizens when applying for state services, such as driver’s licenses through the DMV.
The state simply cross-references this data with the voter rolls and notifies those flagged as non-citizens, giving them 14 days to either confirm their citizenship status or be removed from the rolls. The system has been in place for nearly two decades, overseen by both Democratic and Republican administrations.
Tapper, trying to corner Youngkin, asked if the timing—within the 90-day window before the election—wasn’t problematic. But Youngkin was ready.
Youngkin said it has been done under Democrat governors like Terry McAuliffe and Ralph Northam. What’s different now? Why is the DOJ suddenly concerned about a law they’ve been fine with for 18 years?
Youngkin continued, explaining that over 6,300 potential non-citizens have been flagged and notified, allowing them ample time to rectify their status.
Jake Tapper: The Justice Department is suing your state’s election officials, alleging you’re violating federal law by purging voters flagged as potential non-citizens within 90 days of an election. That’s the quiet period. What is your response to this lawsuit?
Glenn Youngkin: Let me start by correcting a few facts. This law has been on our books since 2006, signed by then-Democratic Governor Tim Kaine. It requires using DMV data when someone self-identifies as a non-citizen. If there’s a match on the voter rolls, that person is notified, given 14 days to affirm citizenship, or removed. This has been in place since 2006, used within the 90-day period under recent Democratic governors like Terry McAuliffe and Ralph Northam.
An individual starts the process by self-identifying as a non-citizen. As governor, I am obligated to notify them through our registrar, and if they don’t clear it up, they’re removed from the rolls. So, given the constitutional clarity of this practice, I don’t see why anyone would argue this process is anything but common sense and constitutional. This all started 25 days before a presidential election, when it could have been addressed earlier. This seems far more political.
Jake Tapper: This was signed into law by Democratic Governor Tim Kaine. Every state wants only American citizens voting. I don’t challenge that. I think what the Justice Department says is that this happened within 90 days. You’re suggesting Democratic governors also used it within this period. Let me ask, how many people have been removed or notified?
Glenn Youngkin: A little over 6,300 instances where someone identified as a non-citizen, and there was a match on the voter rolls. They’re notified with 14 days to affirm citizenship or be removed. They receive a second notice confirming that. In Virginia, with same-day registration, if still a U.S. citizen, they can register on the voting day. I believe that keeping non-citizens on the voter roll when they self-identify as such is inconsistent with federal and state laws. This process has been unchanged since 2006, and I must enforce it.
Tapper admitted, “No non-citizen should vote,” yet continued to insist that a bureaucratic 90-day waiting period should supersede state sovereignty and common sense. Youngkin rightly pointed out the absurdity.
Jake Tapper: No non-citizen should be voting, period. 6,300 is significant. The reason for the 90-day period in federal law is to prevent errors, like mistakenly removing someone who has since become a citizen. Why not honor the 90-day period?
Glenn Youngkin: It’s anything but a purging program; it starts with a self-identification. Should non-citizens, who identify as such, stay on the voter roll and potentially vote in a presidential election?
Jake Tapper: No non-citizen should vote. How do they self-identify?
Glenn Youngkin: They tick a box indicating they’re a non-citizen or leave it blank. The Justice Department understands this process. We notify them multiple times. This has been in place since 2006, abiding by federal and state law, and now, 25 days before an election, this lawsuit is filed.
Jake Tapper: 6,300 people is a lot. People make mistakes checking boxes. The federal law of 90 days exists for a reason. When you knew this, did you not realize the law?
Glenn Youngkin: This doesn’t contravene federal law. It’s person-by-person, starting with self-identification, and not subject to the 90-day blackout. This is an individualized process for people self-declaring as non-citizens, and they shouldn’t be on the voter roll. This system has multiple fail-safes and has been unchallenged for 18 years. We ensure clean elections in Virginia, with paper ballots, counting machines, secure custody laws, and 24/7 monitored drop boxes. As governor, I must ensure these standards.
Jake Tapper: The crux is that you believe self-identification negates the 90-day period. The Justice Department disagrees. A judge will decide, but thank you for coming on the show, Virginia Governor Glenn Youngkin.
Glenn Youngkin: Jake, one last thing. Whether in Virginia or any state, non-citizens shouldn’t be on the voter roll. Every citizen should be encouraged and allowed to vote. But we need a process for those self-identified as non-citizens to be potentially removed if they can’t affirm otherwise.
WATCH:
“STUNNING” — Gov Glenn Youngkin schools Jake Tapper on DOJ attempts to stop Virginia from REMOVING NON-CITIZENS from its voter rolls.
Youngkin breaks it down very succinctly here:
“Do you think that non-citizens, when they’ve self-identified as a non-citizen, should stay on… pic.twitter.com/unv1e1Vw4U
— Western Lensman (@WesternLensman) October 14, 2024
