Virginia vs. the Fed…. Who’s got the better case?

posted in: Politics | 0

Recently, the governor of Virginia, Glen Younkin, ordered the removal of 1600+ individuals from Virginia’s voting roster.  These 1600+ people were previously identified, and are known non-citizens.  According to the governor’s press secretary, “…everyone who was removed from the voter roll [has] 14 days to come back and demonstrate that they are a citizen.”

In kind of a weird twist, the order also called upon local registrars to warn people about election offenses and the penalties.  This little add-on led many groups to question the order.  This bit of a political spin does lead one to question whether this is intended as some form of voter intimidation.

Voter registration may begin at the Department of Motor Vehicles (DMV) in Virginia. As part of the process, a person has to present their full SSN (such as IRS W-2 or SS card), show proof of residency in Virginia (such as a utility bill or Mortgage/Lease agreement), and proof of identity (such as a Passport or Permanent Residency Card).  If a person checks “yes” to confirm they are a US Citizen, and would also like to register to vote, a voter registration form will then be provided.

Voter registration paperwork (online or in person).  The VERY FIRST QUESTION on this form asks whether the individual is a US Citizen. 

DMV uses the Social Security Administration to verify “legal presence.”  DMV also uses the Department of Homeland Security’s database called Systematic Alien Verification for Entitlements (SAVE), which is used to check immigration records and also voter rolls.  According to the NBC article and PolitiFact, this is where the trouble begins, as the SAVE database has a reputation for having data errors, leading to people being incorrectly flagged on voter rolls.  DHS has also confirmed that the SAVE database is not foolproof when checking voter roll.  The SAVE database, which was implemented in 1987, was never meant to be a means of scrubbing voter rolls.

In 2018, Virginia removed nearly 3400 legal voters from it’s voter rolls. This was due to a clerical mistake misclassifying probation violators as felons (they were not).

Timeline:

07 AUG- (90-days before the election) Gov. Youngkin orders the removal of over 1600 individuals.  The move is targeting non-citizens, and to remove them from the voter rolls of Virginia prior to the election; because only citizens can vote.  The process is based upon a 2006 Virginia law.

The rub: the National Voter Registration Act states there must be a 90-day “quiet period” ahead of the elections for voter roll maintenance.  Any state “purge” or general acts must be completed at least 90-days prior to the election.  With the signing of the act exactly 90-days before the election, the order infringes upon the 90-day “quiet period” contained in Section 8 of the act. 

25 OCT- (11-days before the election).  Federal judge rules to block Gov. Youngkin’s executive order to remove non-citizens from voter rolls.

Requirements to vote in Virginia:

  1. Must be a resident of Virginia.
  2. Must be a US Citizen.
  3. Must be at least 18 years old.
  4. Must not be registered to vote in any other state.
  5. Must not be currently declared mentally incompetent by court order.
  6. Must not be a convicted felon.  Note: There is a path for convicted felons to have voting rights restored in Virginia.

My final thoughts: I like Gov. Youngkin, and generally think he has been good for Virginia; but he should have known better in this instance.  Whoever pushed this through did not think through how long it would take, nothing is instantaneous, especially in government!  This should have been started about 9 months ahead of election day, to provide sufficient time for the process to work and be completed prior to the deadline.  This does appear to be politically motivated, and that disappoints me.

My References:

Judge reinstates voters removed by Youngkin’s executive order

Register to Vote | Virginia Department of Motor Vehicles

https://www.elections.virginia.gov

Civil Rights Division | The National Voter Registration Act Of 1993 (NVRA)

Virginia Gov Youngkin’s voter purge sparks debate: Noncitizens or errors impacting election process?

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