The state of Virginia has filed an emergency stay application with the U.S. Supreme Court in a last-minute attempt to reverse a lower court ruling that stopped its removal of likely noncitizens from the voter rolls. This decision restored approximately 1,600 residents to the voter rolls.
The Fourth Circuit of Appeals recently upheld a preliminary injunction issued by U.S. Judge Patricia Giles, which directed Virginia to cease its process of removing potential noncitizens from the voter rolls and to reinstate all voters removed in the past 90 days. The appellate court supported Giles's ruling, stating that the removals were 'systematic' rather than individualized, thus violating federal law.
The legal dispute revolves around a provision in the National Voter Registration Act (NVRA) that mandates states to pause systematic voter roll maintenance for a 90-day 'quiet period' before an election. The Justice Department had sued Virginia over its removal program, contending that the removals were conducted too close to the upcoming elections and breached the 'quiet period' provision.
In response to the ruling, Virginia Attorney General Jason S. Miyares raised objections on various grounds. He argued that the NVRA applies to noncitizens, potentially undermining the primary basis of the lawsuit. Additionally, Miyares asserted that Virginia follows an 'individualized process' managed by the Department of Motor Vehicles and local registration offices.
The state's process involved cross-referencing the Department of Motor Vehicles' noncitizens list with the list of registered voters. Individuals identified as noncitizens were notified that their voter registration would be canceled unless they could prove their citizenship within 14 days.
Governor Glenn Youngkin has maintained that the voter removals were lawful and aligned with a 2006 state law enacted by former Governor Tim Kaine. Youngkin expressed concern over the federal judge's decision to reinstate over 1,500 individuals, who had self-identified as noncitizens, back onto the voter rolls just days before a crucial election.
