Virginia Governor Vows SCOTUS Appeal Over Judge's Decision To Reinstate Non-Citizen Voters

 October 25, 2024

A federal court ruling has stopped Virginia's removal of potential non-citizens from voter lists, reinstating 1,600 voters as elections loom.

Fox News reported that in a dramatic intervention in Virginian voter registration practices, U.S. Judge Patricia Giles issued a preliminary injunction last Friday, targeting the state’s program designed to remove non-citizens from its voter rolls.

The ruling came as a response to a lawsuit filed by the Department of Justice, which argued that the voter removal program did not comply with the National Voter Registration Act, especially given its proximity to the upcoming November 5 elections.

Governor Glenn Youngkin has expressed strong opposition to the injunction, announcing immediate plans to challenge the ruling.

He intends to seek an emergency stay from the Fourth Circuit Court of Appeals and, if necessary, appeal to the U.S. Supreme Court.

Legal Controversies Around Voter Removal

According to the injunction details provided during the court session, approximately 1,600 residents of Virginia had their voting rights restored.

These individuals had been removed under a state program that cross-referenced Department of Motor Vehicles records to identify registered voters who had indicated they were not citizens.

"The state's actions, purportedly addressing voter fraud, instead jeopardized the fundamental rights of its citizens," argued Judge Giles. She stated that while it is crucial to maintain accurate voter lists, it must not compromise eligible voters' rights to participate in elections.

This decision underscores a significant legal interpretation of the National Voter Registration Act, which mandates a 90-day quiet period where no systematic removals from the voter rolls can occur. Virginia’s actions, according to Giles, violated this federal stipulation.

Despite the court's ruling, Governor Youngkin voiced his disagreement. He defended the state's program, stressing that it was under a 2006 Virginia state law enabling such reviews.

Youngkin claimed, "This is a stunning ruling by a federal judge who is ordering Virginia to reinstate individuals who have self-identified as noncitizens back on the voter rolls." He articulated concern that the integrity of Virginia's elections was at stake due to the court's decision.

The appeal against this ruling is set to ignite further debates over voter registration practices, particularly concerning the balance between preventing illegal voting and ensuring no eligible voter is disenfranchised.

Implications for Upcoming Elections

The Department of Justice maintained that the timing and method of Virginia's program could potentially lead to eligible voter disenfranchisement. They emphasized the importance of states adhering to federal laws designed to protect the voting rights of their citizens.

DOJ officials criticized the program for its systematic nature, which they claim runs contrary to the stipulations set out in federal law.

"States may remove names from official lists of voters in various ways and for various reasons, but they may not carry on this kind of systematic removal program so close to a federal election," a DOJ official stated.

The ruling injects uncertainty just days before a significant election, with potential implications for voter turnout and election outcomes.

It also raises broader questions regarding how states remove ineligible voters from the rolls without harming the electoral participation of legitimate voters.

As Virginia prepares to contest the injunction, the broader national conversation around voter registration practices and election integrity continues to evolve. The outcome of this legal battle could have lasting implications on how voter lists are maintained across the U.S., especially in the context of increasing political polarization and concerns over electoral fairness.

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