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Biden-Harris DOJ Files Lawsuit To Stop State From Removing Noncitizens From Voting Rolls – ACLJ Is Fighting Back To Defend Election Integrity

By 

Jordan Sekulow

|
October 18

4 min read

Election Law

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We are just over two weeks from Election Day, and the Biden-Harris DOJ is brazenly committing election interference. They’ve filed a lawsuit to block Virginia from removing noncitizens from the voting rolls. These are individuals who have marked on official documents that they are noncitizens but yet are still on the voter rolls.

We’ve known for a long time that “Border Czar” Kamala Harris’ open border policies would lead to these kinds of election shenanigans, and now we’re seeing it come to pass. We’re preparing to fight back in court.

Following the guidelines of a 2006 law signed by then-Governor Tim Kaine, current Gov. Glenn Youngkin carried out an Executive order to remove noncitizens from his state’s voting rolls – in total, between January 2022 and July 2024, 6,303 noncitizens were removed from the voter registration rolls.

As a reward for following the law, Gov. Youngkin found himself slapped with a lawsuit from the Biden-Harris Administration. The DOJ filed a lawsuit in federal court on Friday, October 11, that argues the governor’s method of purging the noncitizens violated the National Voter Registration Act, which says systematic removals cannot occur within 90 days of an election.

Here’s the problem with the DOJ’s claims: Virginia has been routinely removing ineligible voters from its rolls since 2006 without issue. Such removal is routine and ongoing all year long, not a systematic change in the 90 days before an election. It is also an individualized removal of specific persons after they have told the state that they are not citizens, and the law recognizes the need for these removals. Obviously, the law and the Constitution cannot allow a free pass for noncitizen voters in the final 90 days before an election.

Gov. Youngkin has rightfully condemned the lawsuit for being “politically motivated.” The DOJ is clearly seeking to assist illegal immigrants in voting in the 2024 presidential election.

Gov. Youngkin defiantly released this statement:

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. 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. 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. 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.

Kudos to Gov. Youngkin for not backing down from fulfilling his gubernatorial duties to ensure a free and fair election in Virginia. Standing up to the federal government requires courage and a willingness to face the onslaught of the DOJ and relentless criticism from the mainstream media.

The ACLJ also won’t “stand idly by” as the Biden-Harris Administration commits open election interference. Our legal team is mobilizing and preparing to seek leave of court to file an amicus brief in federal court to prevent this attempt to undermine our American democracy. Our first court filing is imminent.

The ACLJ already defeated the Trump ballot ban at the U.S. Supreme Court earlier this year, and we will take the fight back to the highest Court in the land again if necessary. Nothing is more vital than ensuring a free and fair election – and we will do everything we can to preserve election integrity in Virginia as well as every other state.

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