By Markus Schmidt | Virginia Mercury
With midterm elections approaching in Virginia, Republicans and Democrats are advancing competing strategies over how the state maintains its voter rolls, setting up an already familiar clash that is unfolding simultaneously in federal court and through executive action.
At the center of the divide is a lawsuit over the removal of suspected noncitizens from voter rolls — and a new executive order from Gov. Abigail Spanberger aimed at tightening election security procedures while rejoining a national data-sharing system used to keep registration lists up to date.
On one front, the Republican National Committee has moved to intervene in ongoing litigation, seeking to defend Virginia’s previous efforts to remove individuals identified as noncitizens from voter rolls.
On the other hand, Spanberger’s Executive Order 13 directs state agencies to strengthen election safeguards, improve list maintenance practices and reenter the Electronic Registration Information Center (ERIC), a multistate partnership designed to help states identify outdated or duplicate registrations.
Taken together, the moves reflect a growing clash over election integrity and voter access in the commonwealth, one that has sharpened in recent years and is now unfolding as another election cycle approaches.
Executive order outlines administrative approach
Spanberger signed her directive last Tuesday, framing it as an effort to reinforce trust in Virginia’s election system while ensuring eligible voters are not improperly removed.
“I know it feels like it is always election season in Virginia,” Spanberger said in a statement. “With even more days of voting on our calendar this year, I’m acting early to strengthen Virginia’s transparent, robust voting process and protect the rights of all eligible Virginia voters.”
The order directs the Virginia Department of Elections to certify annually that key security procedures are in place, including ballot handling protocols, testing and certification of voting machines and accuracy checks conducted after elections.
It also establishes clearer rules for maintaining voter rolls.
Under the directive, any systematic removal of ineligible voters — including individuals identified as noncitizens — must be completed at least 90 days before a federal primary or general election.
That provision aligns with federal restrictions under the National Voter Registration Act, which limits large-scale voter list maintenance close to an election to reduce the risk of errors that could prevent eligible voters from casting ballots.
The order further requires coordination between state agencies.
The Department of Motor Vehicles must certify that it shares daily updates with election officials, including information on new registrations, address changes and individuals deemed ineligible.
The Department of Elections, in turn, must confirm it is acting on that data in compliance with state and federal law.
A central component of the order is Virginia’s return to ERIC.
The nonprofit consortium allows member states to share voter registration and identification data to identify voters who have moved, died or registered in multiple states.
Virginia was a founding member of ERIC in 2012 but withdrew in 2023 under then-Gov. Glenn Youngkin, a move that election officials said made it more difficult to track certain changes in voter status.
Democratic Party Chair Lamont Bagby said in a statement that rejoining ERIC restores “proven tools that work to keep our voting systems fair and secure.”
Civil liberties advocates also backed the move.
Chris Kaiser, policy director for the American Civil Liberties Union of Virginia, said the order could help prevent eligible voters from being wrongly removed while strengthening overall election administration.
Lawsuit highlights legal dispute over removals
At the same time, a separate legal battle is unfolding over Virginia’s efforts to remove suspected noncitizens from voter rolls.
The Republican National Committee filed a motion last week seeking to intervene in a federal lawsuit brought by voting rights groups.
The plaintiffs are attempting to block state officials from conducting systematic removals within 90 days of an election, arguing the practice violates federal law and risks disenfranchising eligible voters.
The RNC contends that removing individuals who have identified themselves as noncitizens through government records is a lawful and necessary step to maintain accurate voter rolls.
“Democrats and left-wing groups are trying to block commonsense safeguards and keep self-identified noncitizens on voter rolls,” said Republican Party Chairman Joe Gruters in a statement. “The RNC is stepping in to protect the integrity of our elections so that only American citizens decide American elections.”
The case stems from a broader dispute dating back to 2024, when voting rights groups challenged actions taken by Youngkin to remove roughly 1,600 individuals flagged as noncitizens from voter rolls based on state records, including removals carried out within 90 days of the November election — a period when federal law generally restricts large-scale voter list maintenance.
The issue drew national attention and prompted legal action involving the U.S. Department of Justice and other parties.
Virginia collects citizenship information through driver’s license applications and had been using that data to identify individuals who may not be eligible to vote.
Critics argue that such data can be outdated or inaccurate, particularly for naturalized citizens whose records may not reflect their current status. But supporters of the policy say it is a straightforward way to prevent ineligible voting.
The RNC has already been involved in earlier stages of the case.
After the lawsuit was filed, the party submitted an amicus brief to the U.S. Supreme Court, which ultimately stayed a lower court order that would have halted the removals and left the flagged individuals on the voter rolls.
Now, the party is seeking a more direct role, citing concerns that Virginia’s new Democratic Attorney General Jay Jones may not fully defend the policy as the case proceeds.
Plaintiffs in the lawsuit argue that systematic removals close to an election violate federal protections and could sweep up eligible voters, particularly those who have recently become citizens.
Safeguards and broader context
Virginia officials have pointed to existing safeguards in state law, including same-day registration.
That process allows voters whose registrations may have been affected to register at the polls and cast a provisional ballot, ensuring they still have an opportunity to participate.
Still, the debate reflects a national divide over how states should balance election security with voter access.
Republicans, led by Donald Trump before he was elected to his second term as president, have repeatedly raised concerns about election security, often citing unfounded claims about widespread voter fraud in the 2020 election — assertions that have been rejected by courts, election officials and federal agencies, which found no evidence the outcome was affected.
More recently, RNC has pursued legal efforts in other states, such as Ohio and Wyoming, including legal challenges tied to documentary proof of citizenship requirements and actions aimed at preventing noncitizen voting.
Spanberger’s executive order attempts to navigate that tension by emphasizing both accuracy and timing, requiring voter roll updates to be completed well before elections while expanding the state’s ability to track changes through interstate data sharing.
Spanberger said the steps are intended to ensure “only Virginians who are eligible to vote are able to vote in our commonwealth — this year, and in every election into the future.”
