Court Ruling Upholds Protection Against Voter Registration Cancellations
A Virginia court of appeals has upheld a judge’s ruling against the state’s attempt to automatically cancel the voter registrations of individuals suspected of being noncitizens. This decision, delivered by the U.S. Court of Appeals for the 4th Circuit, aligns with federal law that prohibits states from purging voters within 90 days of a presidential election. The Virginia Court’s ruling follows U.S. District Judge Patricia Tolliver Giles’ rejection of arguments from Virginia Attorney General Jason S. Miyares and Governor Glenn Youngkin, who had sought to expedite the removal of registered voters who indicated noncitizen status on their driver’s license applications.
The controversy centers around an executive order signed by Governor Youngkin on August 7, which aimed to purge voter rolls of those who checked a box indicating they were not U.S. citizens. Despite this, Judge Giles determined that the order violated the National Voter Registration Act (NVRA), which is designed to protect eligible voters from being wrongly removed from the rolls during the critical period leading up to elections.
Immediate Appeal Planned by Virginia Officials
Following the Virginia Court’s decision, Shaun Kenney, a spokesperson for Attorney General Miyares, stated that the state intends to file an immediate appeal to the U.S. Supreme Court. Youngkin and Miyares argued that it was essential to remove noncitizens and other ineligible voters to maintain election integrity. However, voting rights organizations, alongside the Justice Department’s Civil Rights Division, contend that the quiet period before elections is crucial to prevent mistakes and protect the rights of eligible voters.
Critics of Youngkin’s order noted that eligible voters who omitted the citizenship question on their driver’s license applications were also affected by the purge. In her ruling, Giles pointed out that eligible voters who became citizens after their initial interactions with the Department of Motor Vehicles were at risk of being wrongfully disenfranchised.
Broader Implications and Political Context
In her decision, Judge Giles issued a preliminary injunction to halt the enforcement of Youngkin’s order until after the upcoming November 5 election. She also mandated that the state notify 1,600 individuals removed from the rolls and direct local registrars to reinstate them. Furthermore, she instructed state officials to provide educational resources to local officials, poll workers, and the public about the ruling. While the virginia court agreed with much of Giles’ decision, it did not endorse her directive for voter education, citing concerns over clarity and the potential for increased voter confusion.
Governor Youngkin has emphasized illegal immigration as a significant issue in his political agenda, often campaigning alongside former President Donald Trump. Opposition to Youngkin’s voter purge efforts has been led by the Virginia Coalition for Immigrant Rights, which was supported by several organizations, including the League of Women Voters and the Justice Department. Similar efforts to remove noncitizens from voter rolls have been blocked in other states, including Alabama, where the Justice Department also argued that eligible voters were being unjustly affected.
