Virginia Secures Big Victory: Supreme Court Blocks Lower Court’s Order Reinstating 1,600 ‘Non-citizen’ Voters to voter Rolls

The U.S. Supreme Court temporarily sided with Virginia on Wednesday, issuing an emergency stay that halts a federal judge’s recent decision directing the state to reinstate hundreds of potential noncitizens to its voter rolls.

This outcome marks a significant legal victory for Governor Glenn Youngkin and comes just days after Virginia filed an emergency appeal to the Court, aiming to protect its voter roll maintenance program amid the ongoing debate on election integrity.

Youngkin Hails Supreme Court Decision

Governor Youngkin expressed his approval following the Supreme Court’s order, describing it as a “victory for commonsense and election fairness.”

In a statement to Fox News, Youngkin thanked Attorney General Jason Miyares for his role, emphasizing that the decision helps uphold “the fundamental rights of U.S. citizens” in Virginia.

Miyares had spearheaded the emergency appeal after the initial federal court ruling mandated that the state restore the names of approximately 1,600 individuals to its voter rolls.

At the heart of the case is whether Virginia’s removal of noncitizens from the voter rolls violates the National Voter Registration Act (NVRA), which enforces a “quiet period” restricting systematic voter roll updates 90 days before a federal election.

The Justice Department, supporting the initial ruling, argued that the state’s recent actions infringe upon this 90-day quiet period, filing a lawsuit earlier this month that challenged the state’s process.

Debate Over Voter Roll Maintenance and the NVRA

Virginia’s voter roll maintenance program, implemented in August, seeks to identify and remove noncitizens from the voter registration lists by cross-referencing data from the Department of Motor Vehicles.

Noncitizen drivers who self-identify as such are flagged and informed of potential voter registration removal unless they can verify their citizenship within a 14-day window.

The Justice Department contends this process, so close to the Nov. 5 elections, disrupts the NVRA’s quiet period and places eligible voters at risk of wrongful removal.

DOJ officials, responding to the Supreme Court’s stay, reiterated their stance, asserting, “The Department brought this suit to ensure that every eligible American citizen can vote in our elections.”

In its petition, Virginia argued that the NVRA does not apply to self-identified noncitizens, calling the DOJ’s interpretation “overly broad.”

Virginia further insisted that its voter roll removal method was individualized rather than systematic, adhering to state and federal law.

Virginia’s Position Backed by 26 States

Support for Virginia’s position has extended beyond state borders, with attorneys general from 26 Republican-led states filing an amicus brief urging the Supreme Court to grant Virginia’s emergency motion.

The coalition argued that Virginia’s actions were lawful and necessary to uphold election security, contending that noncitizens should not participate in state elections.

“This Court should reject Respondents’ effort to change the rules in the middle of the game,” the attorneys general argued, emphasizing that the Constitution entrusts decisions about voter qualifications to each state.

Also Read: GDP Growth Misses Forecast as U.S. Economy Expands by 2.8% in Q3