A federal appeals court has largely upheld an injunction that halts a voter purge of potential non-citizens in Virginia, initiated by Republican Gov. Glenn Youngkin. With Election Day approaching, this ruling emphasizes the legal challenges involved in voter roll management and may lead to a Supreme Court decision.
Virginia Voter Purge Halted by Appeals Court
A federal appeals court has blocked Virginia’s Republican-led effort to remove potential non-citizens from voter rolls just days before the November election. The 4th Circuit Court of Appeals issued a unanimous ruling on Sunday, refusing to overturn a lower court’s decision to stop the purge and restore some of the voters who were recently removed.
The case has captured national attention, as it addresses the balance between preventing illegal voting and ensuring that eligible voters are not improperly removed from the rolls.
Youngkin’s Arguments Rejected by Court
The legal battle began after Virginia’s Governor Glenn Youngkin, through an Aug. 7 executive order, initiated a program to remove approximately 1,600 people from the state’s voter rolls, using data from the Department of Motor Vehicles to flag potential non-citizens. While Youngkin’s attorneys argued that federal law prohibiting systematic voter removals in the 90 days before a federal election did not apply to non-citizens, the appeals court firmly disagreed.
The court ruled that the National Voter Registration Act of 1993 prevents such efforts during the “quiet period” before elections, stressing that any removal of voters must be done on an individualized basis and not as part of a broad initiative.
Legal Path Forward: Supreme Court Involvement Possible
As a result of the ruling, Virginia officials remain authorized to prevent non-citizens from voting through other means, such as canceling registrations individually or prosecuting any non-citizen who attempts to vote. However, Youngkin’s administration is expected to appeal the decision to the Supreme Court.
The case hinges on the balance between protecting voter integrity and preventing voter suppression. Youngkin’s team argues that maintaining accurate voter rolls is crucial to prevent illegal voting, while civil rights groups and the Department of Justice contend that the purge has mistakenly targeted citizens, thus disenfranchising eligible voters.
The Broader Issue of Voter Roll Purges
Voter roll purges have been a contentious issue in several states, particularly in the lead-up to federal elections. In Virginia, the recent effort to remove potential non-citizens from voter rolls comes at a politically sensitive time, just days before Election Day.
Though instances of non-citizens voting are exceedingly rare, mistakes in the voter roll management process can lead to eligible voters being improperly removed, leading to concerns of disenfranchisement. This case may set an important legal precedent ahead of future elections.
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