RICHMOND, Va. (WRIC) — Newly obtained data shows Virginia’s process for taking non-citizens off the state’s voter rolls could be wrongfully identifying eligible voters for removal.
The process in question came to light after Governor Glenn Youngkin signed an executive order in August directing the Department of Elections to make “daily updates” to the state’s voter rolls and remove individuals who fail to verify that they are citizens to the DMV.
Earlier this month, the Department of Justice announced it had filed a lawsuit against Virginia, claiming the process violated a federal law preventing states from systematically removing voters from the voter rolls 90 days before Election Day.
Data obtained by 8News from local registrars in Hanover County, Chesterfield County, the City of Richmond, and the City of Roanoke shows 207 voters have been removed from their rolls since August when Youngkin signed the executive order in question.
However, in those localities, 14 voters flagged as non-citizens, signed a legal document saying that they are U.S. citizens and will therefore remain on the voter rolls.
Although we don’t know the circumstances surrounding their citizenship, in a separate lawsuit filed by voting rights groups, they say voters who simply checked the wrong box on DMV paperwork or those who became citizens after obtaining their driver’s license could be affected by the state process for removing non-citizens.
Additionally, voting rights groups say the data 8News obtained showing some voters were allowed to stay on the rolls is proof that the DMV data is flawed. They say the number of affected voters could be a lot larger because the state only gives identified voters 14 days to affirm that they are citizens.
The clock starts after a local registrar verifies state data and mails that voter a “Notice of Intent to Cancel” their voter registration because they told the DMV at some point that they are not a U.S. citizen. Once that mail arrives, the affected voter can fill out what’s called an “Affirmation of Citizenship” form to remain on the rolls, but they must return that form before the 14 days is up.
“14 days is not a lot of time for someone to read something like this and say, I better do this, particularly if English is not your first language or if you are from a country where getting a letter from the government is a frightening thing,” Joan Porte, President of the League of Women Voters of Virginia, told 8News.
However, others like Republican State Senator Mark Peake (R-Lynchburg) say the process is working.
“They are given multiple opportunities to say, ‘oops I checked the wrong box or I got naturalized. I know I have the right to vote.’ There are multiple safeguards built into the procedure,” Peake told 8News.
Several localities including Fairfax County and Henrico County refused to provide data for this report. The Virginia Department of Elections did not respond to requests for statewide data.