An election officer training manual issued by Prince William County, Virginia, appears to instruct poll workers that people who show ID cards which are issued only to illegal aliens may still vote if they fulfill additional requirements, none of which provide evidence of citizenship.
If the voter can’t even meet those requirements, Prince William County says he may “vote a provisional ballot.”
The manual states that the Virginia Driver Privilege Card “is not acceptable because it is given only to non-citizens.” However, it continues to state that such a person may cast “a regular ballot if (1) they are in your pollbook and (2) have another valid ID or sign an ID Confirmation Statement.”
Although positive evidence of citizenship is not required to vote in Virginia, the DPC seems to provide positive evidence of non-citizenship. It is a federal crime in all states for any noncitizen to cast a ballot in a U.S. federal election.
The Virginia Driver Privilege Card (DPC) is only issued to non-U.S. citizens who are unable to demonstrate any sort of legal presence in the United States.
By law, the DPC may only be issued to noncitizens who are ineligible for a regular license. Those who are eligible for a regular license include: citizens of the United States, legal permanent residents (i.e., Green Card holders), conditional resident aliens (i.e., Conditional Green Card holders), approved applicants for asylum, entrants into the United States under refugee status, or citizens of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands.
So, a DPC is not for issue to anyone but illegal aliens.
But how could illegal aliens, or (for that matter) any non-citizen, appear in a pollbook? Recent events suggest that some noncitizens may have been coached by some DMV employees to register to vote when getting a license. I intend to cover that matter in a subsequent article.
At the September 12 meeting of the Loudoun County Electoral Board, however, it was announced that 62 noncitizens have been removed from the Loudoun voter rolls in 2024, and that 16 of these were found to have voted in previous elections and have been referred to Commonwealth’s Attorney Bob Anderson’s office for prosecution.
As of December 2023, the State of Virginia had issued 74,563 DPCs. So far in 2024, an additional 49,040 have been issued. That means a total of 123,603 DPCs have been issued since 2021.
The Prince William manual says a person listed in the pollbook may still vote after presenting a Driver Privilege Card if he furnishes another “valid ID.” But many of the forms of identification Virginia accepts fail to confirm citizenship status; they can be held by noncitizens as well as citizens.
Those options include a current utility bill, government check, or paycheck “containing the name and address of the voter”; a nursing home resident ID, a government-issued ID card from a federal, Virginia, or local political subdivision, a student photo ID from a U.S. college, a student ID from a Virginia high school, a U.S. military ID, or an employee ID card with a photo.
The problem is not limited to Prince William County. An election official in Loudoun County told me that if a prospective voter presents a Virginia Driver Privilege Card, the voter will be asked to present another form of ID. If the voter presents another acceptable form of ID or signs the ID Confirmation Statement, that person will be allowed to vote.
The top of the DPC application states “Non-US citizens may use this form to apply for a Driver Privilege Card or Identification Privilege Card,” and the attestation above the application’s signature line states: “I certify and affirm that I am not a citizen of the United States.”
The Code of Virginia, § 24.2-1004.B, states:
“Any person who intentionally … (iii) votes knowing that he is not qualified to vote where and when the vote is to be given, or (iv) procures, assists, or induces another to vote knowing that such person is not qualified to vote where and when the vote is to be given is guilty of a Class 6 felony.“
Because the Driver Privilege Card is only issued to illegal aliens, its presentation should lead election officials to understand that the would-be voter is not qualified to vote. By instructing election officials to issue ballots to individuals who have provided such evidence, election workers in Prince William County are being instructed to flirt with a Class 6 felony.
Furthermore, as noncitizen voting is a felony under U.S. federal law, why would Virginia election officials expose any immigrant to the possibility of conviction, deportation, permanent ban from entering the United States, and not ever being able to vote again?
Eric Olsen, Director of Elections and General Registrar of Prince William County, wrote to me: “Our officers are following the law and state guidance as they are supposed to. … An election officer can’t determine someone’s citizenship status even if they have that type of identification.”
But is there really a possibility of a U.S. citizen holding an unexpired Driver Privilege Card?
In two live chats with the US Customs and Immigration Service (USCIS) on September 13 and 19, I was informed that there are currently no avenues available for an illegal alien to become a naturalized U.S. citizen without first becoming a legal resident, and the shortest time period after achieving legal status in which a person could possibly apply to become a naturalized citizen is three years (if marrying a U.S. Citizen or legal resident) or five years (in all other circumstances). A DPC holder who enters legal status would be eligible for a regular Virginia Driver’s license and thus ineligible for renewal of the DPC.
As the Driver Privilege Cards are issued for a maximum duration of two years, it therefore seems highly unlikely that any holder of an unexpired DPC would be a U.S. citizen.
In other situations where a person presents a form of ID that is not acceptable for voting purposes, such as (for example) a library card, the ID first presented does not establish that the person seeking to vote is a noncitizen.
However, the Driver Privilege Card is different. Its presentation is an attestation of the noncitizenship status of the prospective voter. Therefore, any act by election officials to allow voting by someone who has first presented a Driver Privilege Card, even with subsequent presentation of any of the above-listed acceptable forms of ID which do not confirm citizenship will be to effectively disenfranchise all U.S. citizens by diminishing the weight of their votes through the illegal voting of a noncitizen.
Youngkin’s Action Needed
Early voting in Virginia begins September 20. Gov. Glenn Youngkin should immediately issue an executive order mandating that no person presenting a Driver Privilege Card as proof of ID to any election official shall be issued a ballot in the 2024 election, unless he subsequently presents documentary proof of his citizenship.
Virginia’s voter rolls should also be inspected, since anyone with a Driver Privilege Card can still vote if he is listed on the rolls and shows an ID. The voter rolls should be compared to Department of Motor Vehicle data to reveal which voters listed have been issued Driver Privilege Cards, so that either their citizenship can be verified or they can be prevented from committing a federal crime if ineligible to vote.
I spoke with Governor Youngkin in person on Saturday, September 14, and explained to him that Prince William County and Loudoun County election officers are being instructed to give regular ballots to people who present Driver Privilege Cards. He expressed surprise, said “That is not our policy,” and promised to look into it. I forwarded the supporting documents to his assistant at his request and have had correspondence with him throughout the weekend.