Virginia has requested the U.S. Supreme Court's intervention to allow the removal of approximately 1,600 voters from its rolls, believed to be noncitizens. This request follows a federal appeals court's unanimous decision upholding a federal judge's order to restore the registrations of these voters, who were allegedly purged under an executive order by the state's Republican governor.
Gov. Glenn Youngkin initiated the removals to prevent noncitizens from voting, but a U.S. District Judge ruled the program illegal under federal law due to its systematic purging of voters during a 90-day 'quiet period' before the November election.
The Justice Department and private groups sued to block Youngkin's program, arguing that the quiet period safeguards legitimate voters from being erroneously removed from the rolls. The 4th U.S. Circuit Court of Appeals supported the restoration of voters' registrations, stating that Virginia's removal process lacked proof that the purged individuals were noncitizens.
Youngkin's executive order mandated daily cross-referencing of DMV data with voter rolls to identify noncitizens. Voters flagged as noncitizens were notified and given a two-week window to contest their disqualification before removal. However, plaintiffs argued that citizens could be disenfranchised due to errors, with evidence showing that some removed individuals were indeed citizens.
A similar case in Alabama resulted in a federal judge ordering the restoration of eligibility for over 3,200 voters initially deemed ineligible noncitizens. Testimony revealed that a significant portion of these voters were legally registered citizens.
The appeals court panel stressed that while the state can remove noncitizens from voter rolls, it must follow an individualized process rather than a systematic one reliant on DMV data transfers. With nearly 6 million registered voters in Virginia, the legal battle over voter purging continues amidst concerns of protecting voting rights and preventing disenfranchisement.
