Virginia Turns to Supreme Court After Lower Courts and Justice Department Force State To Allow Self-Identified Noncitizens To Vote
Virginia is taking its fight to remove noncitizens from its voter rolls to the Supreme Court. The attorney general for Virginia, Jason Miyares, says the state filed an emergency stay with the Supreme Court on Sunday night.
The move comes after an appeals court, in a rare Sunday night ruling, declined to overturn a District Court’s order for Virginia to reinstate more than 1,600 people from its voter rolls. A three-judge panel for the 4th Circuit Court of Appeals said Virginia is “able to prevent noncitizens from voting by canceling registrations on an individualized basis or prosecuting any noncitizen who votes.”
The Justice Department sued Virginia earlier this month after Governor Youngkin issued an executive order requiring the Department of Elections to conduct “daily updates to the voter list” to remove noncitizens. Lawyers for the department argued that officials would have removed citizens who mistakenly identified themselves as noncitizens on registration forms by checking the wrong box if the state was allowed to purge its voting records.
Virginia officials said individuals identified as noncitizens were notified that their registration would be canceled and given two weeks to prove they were citizens. Additionally, they argued the 90-day prohibition on automated systems does not apply to efforts to remove noncitizens.
After Judge Giles’ ruling, Mr. Youngkin said, “Let’s be clear about what just happened: only eleven days before a Presidential election, a federal judge ordered Virginia to reinstate over 1,500 individuals — who self-identified themselves as noncitizens — back onto the voter rolls. Almost all these individuals had previously presented immigration documents confirming their noncitizen status, a fact recently verified by federal authorities.”

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