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Judge to hear arguments on federal voter registration lawsuit in Virginia

"What we’re doing is in the best interest of Virginians," Gov. Glenn Youngkin told 13News Now Wednesday.

NORFOLK, Va. — Two lawsuits challenging a Virginia voting executive order are now combined into a single case, and a judge will hear arguments on it on Thursday morning.

The Department of Justice (DOJ) and the League of Women Voters (LWV) allege Executive Order 35, which requires daily updates to voter rolls violates federal law.

RELATED: Why the Department of Justice filed a lawsuit against Virginia elections officials, alleging violation of federal law

“There is no stronger voice of an individual than their vote,” said LWV President Joan Porte on Wednesday. “It is the right and duty bestowed on each American citizen regardless of if they are born on American soil or become a citizen through naturalization.”

An Alexandria judge will hear the plaintiff's arguments for a preliminary injunction on the law on Thursday. That would temporarily pause it while the case is litigated. 

According to attorney Ryan Snow with the Lawyers’ Committee for Civil Rights Under Law, it also requests “the restoration of voters who were unlawfully removed, as well as corrective notices to be sent to those voters informing them that they’ve been restored.”

The plaintiffs argue the executive order violates the National Voter Registration Act’s Quiet Period Provision. Federal law requires 90 days of no systemic voter list changes before an election.

“One thing that is clear already is that this is an unlawful purge program within the 90 days before the election,” Snow said.

Gov. Glenn Youngkin spoke to 13News Now about the case Wednesday, calling it “political.”

Gov. Youngkin said, “What we’re doing is in the best interest of Virginians, it’s constitutionally consistent with the U.S. Constitution, the state constitution, and our law.”

He added that if voters are mistakenly removed, there are ways to remedy that.

“We have the ultimate failsafe, which is, if that person is a U.S. citizen and missed the mail or made a mistake, they still can go same-day register and cast a ballot.”

Virginia Attorney General Jason Miyares’ office declined to comment on the ongoing litigation.

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