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We must protect our election process, and that starts with ensuring Virginia’s voter rolls are accurate and include only legal voters. I applaud Governor Glenn Youngkin and his administration for following both state and federal laws by updating Virginia’s voter rolls on an individual basis and removing those who registered to vote but are non-citizens.
In 2006, then-Governor Tim Kaine, a Democrat, signed a bill into law that requires the Department of Motor Vehicles (DMV) to furnish monthly lists to the Department of Elections of DMV customers who indicate they are a non-citizen during their DMV transactions. The law also directs the Department of Elections to forward that information to local registrars. Non-citizen status is grounds for canceling a person’s voter registration.
On October 11, 2024 — fewer than 30 days before Election Day — the Biden-Harris Department of Justice filed an unprecedented lawsuit against the Youngkin Administration and the Commonwealth of Virginia for appropriately enforcing this Virginia law. I am shocked by this overtly political move and find myself asking, “Why does the federal DOJ want non-citizens voting in the November 5th election?” I leave the answer to that question up to you.
In the aftermath of the court filing, I want to make sure a few facts are clear.
First, the DMV now sends a daily list to the Department of Elections of those who indicate they are a non-citizen during a DMV transaction. Again, this data-sharing process is mandated by Virginia law. The Department of Elections then forwards that list to the local registrars who review it and, if they approve a match to an individual on the voter rolls, are bound by law to remove those individuals. It’s important to realize that this process starts when the individual themself indicates they are a non-citizen. Once registrars approve a match, they then notify the individual through U.S. mail — and email if one has been provided — that they have been flagged for cancellation of their voter registration and provide an opportunity to affirm their U.S. citizenship within 14 days. An additional letter is also sent once the cancellation has taken place.
Second, there is a 90-day “quiet period” under the National Voter Registration Act that prohibits states from performing systematic removals of voters from the rolls ahead of an election. However, Virginia’s process is individualized — not systematic — to correct registration records after an individual themself indicates they are a non-citizen during a DMV transaction.
Finally, if a U.S. citizen incorrectly self-identified as a non-citizen, there are three ways to rectify this over the next several weeks. First, they could have re-registered before Virgnia’s regular registration deadline of October 15. They can also same day register and cast a ballot during Early Voting. And finally, they can same-day register and cast a ballot even on Election Day.
Citizenship for those not born in this country is achieved through a legal process. Voting is a privilege for legal citizens in the United States. As Governor Youngkin said, “This isn’t a Democrat or Republican issue, it’s an American and Virginian issue. Every legal vote deserves to be counted.” Unfortunately, the Biden-Harris Administration has placed a higher value on ensuring that non-citizens have the right to vote than they have on ensuring our election process is fair and legal.
Thanks to Governor Youngkin and our Attorney General Jason Miyares for standing firm for secure elections in Virginia. It is unfortunate that they now must fight the Biden-Harris DOJ in court, but I would not want our Commonwealth to be led by anyone else at such a time as this.
Travis Hackworth is a Republican state senator from Tazewell County.
