WASHINGTON (BP) — On Monday, Virginia officials requested the U.S. Supreme Court to intervene in a contentious voter registration issue, aiming to remove approximately 1,600 individuals from its voter rolls, which the state believes are noncitizens. This appeal comes in response to a recent federal appeals court ruling that upheld a federal judge’s decision to restore the registrations of these voters, declaring that they had been improperly purged under an executive order issued by the state’s Republican governor.
The controversy began when Governor Glenn Youngkin initiated a program designed to identify and remove noncitizens from the voter rolls. According to Youngkin, the daily removals were necessary to prevent noncitizens from casting ballots in elections. However, his actions were met with legal challenges, prompting scrutiny over the legality of the process used to identify these noncitizens.
On Friday, U.S. District Judge Patricia Giles ruled against Youngkin’s voter removal initiative, stating that the program was unlawful under federal law. The judge highlighted that the removals had taken place during a 90-day “quiet period” leading up to the November elections, a timeframe established to protect legitimate voters from being removed due to bureaucratic errors or mistakes that could not be corrected swiftly.
The Justice Department, along with a coalition of private advocacy groups, filed a lawsuit earlier this month aimed at halting Youngkin’s removal program. Their argument centered around the premise that the quiet period was put in place specifically to safeguard legitimate voters from being unfairly purged from the rolls, thereby ensuring the integrity of the electoral process.
In contrast, Governor Youngkin contended that he was simply enforcing a state law requiring Virginia to cancel the voter registrations of noncitizens. His administration had implemented a system that utilized daily checks of data from the Department of Motor Vehicles (DMV) against the state’s voter registration rolls. State officials claimed that any individual identified as a noncitizen was notified and given a two-week window to contest their disqualification before being removed from the voter rolls. If the individual could provide a form confirming their citizenship within that timeframe, their registration would remain intact.
Despite these assurances, the plaintiffs in the case argued that the process was flawed. They asserted that a legitimate voter could inadvertently have their registration canceled simply by marking the wrong box on a DMV form. Evidence was presented showing that at least some of the individuals removed from the rolls were, in fact, U.S. citizens, raising serious concerns about the accuracy and fairness of the removal process.
Compounding the situation, a similar lawsuit emerged in Alabama, where a federal judge recently ordered the state to reinstate over 3,200 voters who had been deemed ineligible noncitizens. Testimony from Alabama state officials revealed that approximately 2,000 of the 3,251 voters labeled as inactive were legally registered citizens, illustrating the potential pitfalls of broad-based voter removal initiatives.
The ruling from the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, supported Judge Giles’ earlier decision to restore the registrations of the affected voters. The appeals court emphasized that Virginia was incorrect in asserting that it was mandated to reinstate 1,600 noncitizens to the voter rolls. The court found that Virginia’s removal process lacked sufficient proof that those purged were actually noncitizens, highlighting the importance of an individualized approach to voter verification rather than relying on systematic data transfers.
The opinion delivered by the appeals court was authored by Toby Heytens, a Biden appointee, and joined by Chief Judge Albert Diaz and Judge Stephanie Thacker, both of whom were appointed during the Obama administration. The panel pointed out, echoing Giles’ earlier ruling, that while the state possesses the authority to remove noncitizens from voter rolls—even during the designated 90-day quiet period—such removals must be conducted on an individualized basis rather than through a generalized or automated system.
As the legal battle unfolds, nearly 6 million Virginians are currently registered to vote, underscoring the significance of this issue for the state’s electoral integrity. The outcome of Virginia’s appeal to the Supreme Court could have far-reaching implications, not only for the state’s voter registration processes but also for broader discussions surrounding voter rights and election integrity across the nation.
The Virginia case has brought to the forefront the ongoing national debate about the balance between maintaining election integrity and protecting the rights of legitimate voters. Advocates for voting rights argue that aggressive measures to remove noncitizens can lead to the disenfranchisement of eligible voters, while supporters of stricter voter verification measures contend that such actions are essential to preventing fraud.
As Virginia awaits the Supreme Court’s decision on whether to take up the case, the discussions surrounding voter registration and election laws remain as relevant as ever. The situation serves as a reminder of the complexities involved in ensuring fair and accurate electoral processes while safeguarding the rights of all eligible voters.
