Case Summary
The League of Women Voters of Virginia (LWVVA), the Virginia Coalition for Immigrant Rights, and African Communities Together filed a lawsuit in federal court to challenge the state’s policy of removing voters from the rolls only one month before the upcoming election. The lawsuit asserted these systematic purges of Virginia’s voter rolls violate the National Voter Registration Act and risk improper removal of eligible voters, particularly of naturalized US citizens. The challenged policy stemmed from Executive Order 35, which was signed by Governor Glenn Youngkin in August 2024 and required state and local election officials to remove individuals from the state voter registration list if Department of Motor Vehicles (DMV) records do not indicate U.S. citizenship. The plaintiffs were represented by Campaign Legal Center, Protect Democracy Project, Lawyers’ Committee for Civil Rights Under Law, and Advancement Project.
The National Voter Registration Act (NVRA) imposes restrictions on removing voters from the rolls before federal elections. Among these is the so-called “90-Day Provision,” which generally forbids states from conducting systemic voter registration removals 90 days before a federal election. During this period, voters may only be removed from the rolls if they have died; personally requested removal; been convicted of a disqualifying crime under state law; mental incapacity; or to correct errors in voter registration records as allowed by the NVRA.
On August 7, 2024, Governor Glenn Youngkin issued Executive Order 35, which mandated the Department of Elections and the Department of Motor Vehicles (DMV) to compare data, in which persons marked as non-citizens in the DMV data would be purged from the rolls if they matched with those marked as registered voters in Department of Elections records. Counties were directed to refer removed voters to local prosecutors for investigation and prosecution.
Subsequently, many voters were flagged for removal and referred to prosecutors for investigation. This group included U.S. citizens who had received Virginia drivers' licenses before their naturalization and were therefore still marked as non-citizens in the DMV’s records. Proof of citizenship or lawful residence is not required when updating drivers’ licenses in Virginia.
On October 7, 2024, the League of Women Voters of Virginia (LWVVA), the Virginia Coalition for Immigrant Rights, and African Communities Together filed a federal lawsuit in the US District Court for the Eastern District of Virginia. The plaintiffs asserted the purge violated multiple provisions of the NVRA and requested the court to order defendants to reactivate the voter registrations of any voters who were purged or whose registrations were deactivated unless:
- They informed defendants they were not US citizens,
- They allowed affected voters to vote at the polls if they were otherwise eligible to do so; and
- They rescinded referrals made to Virginia law enforcement for investigation or prosecution of individuals affected by the purge.
LWVVA is represented in this matter by the Lawyers’ Committee for Civil Rights Under Law, Protect Democracy Project, Campaign Legal Center, and Advancement Project.
LWV Timeline
Executive Order 35 is implemented
Virginia Governor Glenn Youngkin signs Executive Order 35, requiring the DMV and Department of Elections to compare records and purge those flagged as non-citizens.
LWVVA files lawsuit
LWVVA and its co-plaintiffs file a federal lawsuit asserting EO 35 violates several provisions of the NVRA.
Plaintiffs move for preliminary injunction
The plaintiffs ask the court to order defendants to immediately halt the voter purges resulting from EO 35.
Court grants preliminary injunction
The District Court partially grants a preliminary injunction, ordering defendants to halt the purges and reinstate the registrations of voters removed from the rolls through EO 35.
Fourth Circuit Court of Appeals partially denies stay
A three-judge panel of the United States Court of Appeals for the Fourth Circuit partially denies defendants’ request for a stay of the preliminary injunction, allowing all but one provision of the injunction to remain in effect.
Defendants apply for emergency stay
Defendants move for an emergency stay from the United States Supreme Court, asking it to prevent the preliminary injunction from taking effect before October 30, 2024.
Plaintiffs file opposition to defendants’ stay application
LWVVA and its co-plaintiffs respond to the stay application, arguing that granting the stay so close to an election would ensure disenfranchisement of voters affected by the purge.
United States Supreme Court grants stay
In an unsigned order without accompanying reasoning, the United States Supreme Court stays the preliminary injunction, allowing the defendants to continue implementing the voter purges at issue.
United States Department of Justice withdraws lawsuit
The United States Department of Justice voluntary dismisses its lawsuit against the state.
District court partially denies motion to dismiss
The court largely denies the defendants' motion to dismiss. The order dismisses the plaintiffs' claim based on the NVRA's requirement that states use and accept the federal voter registration form. The order states the plaintiffs have sufficiently proven standing and allows plaintiffs to proceed on all their remaining claims.
The parties reach a settlement
The parties agree to a settlement. Under its terms, the defendants will end the systematic purge program within the 90-day quiet period created in Executive Order 35, discuss changes to the DMV and list maintenance procedures on citizenship status, and provide technical feedback on certain legislative proposals.