Process and Procedures

Virginia Takes Steps to Secure Elections

Virginia sits as an early test case for the midterm election cycle, with new safeguards to ensure accurate voter rolls and reliable systems.

Virginia Governor Glenn Youngkin signed Executive Order 53 on September 12, signaling a commitment to election security ahead of the gubernatorial election.

Virginia is one of two states with major elections this fall. Traditionally, the Old Dominion (along with New Jersey) is considered a litmus test for the outcome of the midterm elections. Secure, trusted elections will be key to understanding the will of the people in this and every election cycle.

Free and fair elections are the bedrock of our democracy,” said Governor Youngkin. “That’s why it is so important that we do everything we can to make our elections as secure as possible, ensuring that our lists are accurate and our systems are reliable.”

EO 53 directs the Department of Elections to coordinate with the U.S. Department of Homeland Security (DHS) and U.S. Election Assistance Commission (EAC). The order expands the use of DHS’s Systematic Alien Verification for Entitlements (SAVE) Database to remove ineligible voters from the voter rolls, mandates participation in federal election technology evaluation programs, adopts updated federal voting system guidelines, and tells the Virginia Fusion Center and Department of Emergency Management to conduct an election preparedness exercise ahead of the 2025 election.

The federal SAVE Database is a tool dating back to the 1986 Immigration Reform and Control Act that is meant to help government agencies uphold the integrity of public benefits and licensing programs. Operated by U.S. Citizenship and Immigration Services (USCIS), SAVE allows federal, state, and local agencies to quickly and accurately verify an applicant’s immigration status or citizenship when determining eligibility for services like healthcare, driver’s licenses, social security benefits, or eligibility to vote.

The database underwent significant upgrades this past spring, launching a new, user-friendly interface that simplifies the process for states and localities. Now, all eyes are on Virginia and New Jersey as the first states with major elections to have access to the newly updated system.

Virginia’s efforts to clean up its voter rolls have been the subject of scrutiny over the last several elections. Ahead of the 2024 presidential election, Virginia removed over 1600 ineligible voters from the rolls. The move was criticized by many as a push to disenfranchise voters on the eve of the election, leading to an injunction from U.S. District Judge Patricia Tolliver Giles. The U.S. Supreme Court stepped in, blocking the injunction and giving Governor Youngkin a victory.

As leaders in Virginia seek to enhance election security further, there are several areas ripe for reform. Ranked-Choice Voting is still permitted locally across the Commonwealth, photo IDs are not mandated, and election crimes are not consistently investigated and prosecuted. To solve these issues, the following ALEC model policies can serve as an excellent resource: