The bill, titled the National Motor Voter Clarification Act, would amend federal law to permit states to remove voters who are ineligible to vote due to “citizenship status” at any point during the year. Current law prohibits states from doing so within 90 days of an election. 

The bill comes in response to a lawsuit filed by the Biden administration last week, accusing the Virginia government of purging its voter rolls of potential noncitizens just weeks ahead of the November election, which is in violation of federal law. That lawsuit comes shortly after the Justice Department similarly challenged Alabama government officials for seeking to remove noncitizens from the state’s voter rolls. 

“I agree with the governor that removing non-Americans from voter rolls is ‘common sense and constitutional,’ which is why I am introducing the ‘National Motor Voter Clarification Act,’” Gaetz said in a statement. “My bill will ensure governors are allowed to do their jobs and remove illegal aliens from the voter rolls without fear of being targeted by the Biden-Harris Justice Department.”

“It’s telling that the only ‘election integrity’ work the Biden-Harris Department of Justice seems interested in is ensuring maximal turnout for people who can’t even legally vote!” he added.

Gov. Glenn Youngkin’s (R-VA) executive order to purge Virginia’s voter rolls came exactly 90 days before the election. However, the DOJ has argued that removals have been approved since then because of the order. 

The executive order directs local election officials to remove voters who registered themselves as noncitizens on DMV forms. Election officials are then instructed to notify those voters to affirm their citizenship within 14 days or be removed from the voter rolls. 

Republicans have long made voter integrity a core matter in the 2024 election cycle. Former President Donald Trump and House Speaker Mike Johnson (R-LA) even used it to craft the SAVE Act over concerns that “potentially hundreds of thousands of votes” will be cast in November by illegal immigrants. 

The two introduced the bill over claims illegal immigrants do not need to prove their citizenship under current law. The SAVE Act passed the House but has not been considered by the Democratic-led Senate. 

Federal law already requires voter registration forms to compel voters to swear under penalty of perjury that they are citizens of the United States. Additionally, other states require proof of a driver’s license or Social Security number for election officials to verify their identity in U.S. databases. 

However, some Republicans have lamented the law does not go far enough to require additional scrutiny on whether individuals are eligible to vote.