VA Records Show 'Non-Citizens' Voting

Voter-list maintenance work shows non-citizens being removed from voting files. But no record of prosecution for illegal voting. Plus, election bill veto watch update.

Progressive-aligned media outlets often claim (without citation) that non-citizens who vote illegally “almost never happens.”

Virginia’s own Dept. of Elections records say otherwise.

As of May, 2023, the department removed 1,481 registrations for “non-citizen status” from the Commonwealth’s official voter rolls, according to its maintenance records.

Of those removals, Electoral Process Education Corporation (EPEC) has identified voting records of over 800 ballots cast by voters the Commonwealth has designated as “non-citizen” for the reason they were removed from official rolls. Their voting histories go back to at least 2019.

If non-citizens are voting repeatedly, which the department’s public records reflect, that would mean non-legal votes are canceling out legal ballots for more than 800 votes that we know about.

Jon Lareau, who volunteers as EPEC’s Chief Technology Officer (CTO), explains the findings in his recent blog post on DigitalPollWatchers.org:

Using the data provided by the VA Department of Elections (ELECT), we have identified at least 1,481 unique registrations that were identified as “Determined Non-Citizen” and removed by ELECT from the voter rolls since May of 2023.

Of those 1,481 there were 335 that also had corresponding records of recent ballots cast in the official Voter History record. There were 838 associated ballots cast since Feb of 2019.

That the VA Dept. of Elections is identifying and removing invalid or out-of-date registration records reflects an ongoing process of modernizing methods to make the voter rolls more accurate.

One of those categories for explaining removal is “if a registrant has been determined to be a non-citizen. It is required by the VA Constitution that only citizens are allowed to vote in VA elections.”

EPEC Team reached out to the Virginia Attorney General’s office to inquire if any records exist of prosecution for illegal balloting by persons unqualified to vote, which is a Class 6 felony in Virginia. It is also a Class 6 felony for anyone who “procures, assists, or induces another to vote knowing that such person is not qualified to vote.”

The AG’s office said it had no prosecution records responsive to the query.

EPEC Team is in the process of reaching out to the General Registrars in the 59 Localities where the ballots were cast, and inquiring with Commonwealth Attorneys on actions they may have taken on repeated balloting.

In Pennsylvania, state officials have admitted to registering non-citizens to vote through the motor vehicle system. How many have been voting in the Commonwealth has become so complex that the Dept. of Justice (DOJ) “filed an amicus curiae brief supporting the Public Interest Legal Foundation’s (PILF) right under the National Voter Registration Act (NVRA) to obtain records relating to the registration of foreign nationals at PennDOT offices for more than two decades.”

See case background here.

Most of the findings of non-citizens voting were in Virginia’s most populous localities (see screenshot below). 

The findings have heightened concerns among election security groups about election-related bills on Republican Gov. Glenn Youngkin’s desk that could create more voter-roll confusion.

Of the 11 bills on their Veto Watch list, three in particular have raised concerns:

—HB 26 would add more types of “acceptable” voter identification forms from private organizations that work for state agencies such as Social Services, Dept. of Health, Behavioral Health, Medical Assistance.

The bill’s vague language raises questions not answered in the text.

HB 26 is also novel in that it would move into the hands of third-party welfare contractors, such as Non-Governmental Organizations (NGOs), a process of ID-issuance that has historically been the province of government agencies who are bound by statute, financial oversight, and guidance from the electorate.

—Two other bills, HB1454 and SB246, would remove the identifying features used to distinguish between citizen and non-citizen state-issued driver’s permits — making it nearly impossible for election officials to tell the difference when voting occurs.

It was not clear whether proponents of the bill would accept an amendment that makes clear on the license which one is acceptable for voting and which is not.

The deadline for Gov. Youngkin to decide on whether to veto them is April 8.

In the meantime, citizen groups are raising concerns in letters, calls, and social media. Here’s one example:

https://twitter.com/TheRightMelody/status/1770929110941905381

https://twitter.com/TheRightMelody/status/1769877429416276057

EPEC Team will keep you posted as we research best practices with voter roll maintenance and registration drives ahead of the June Primary Election.

Until next edition, that’s a wrap. #