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Appeals Panel Reaffirms Order Blocking VA from Removing Suspected Noncitizens from Voter Rolls

 October 29, 2024

In a pivotal judicial decision, a federal appeals court has upheld a lower court ruling ordering the reinstatement of approximately 1,600 Virginia voters previously disqualified over citizenship concerns.

This ruling conflicts with ongoing efforts by Virginia Gov. Glenn Youngkin to prevent noncitizens from fraudulently or unlawfully participating in elections, as Fox News reports.

The issue originally arose following an executive order issued by Youngkin in August, which directed state officials to review voter rolls for noncitizen voters.

The directive sought to ensure compliance with voter eligibility laws but led to widespread criticism and legal challenges.

Subsequently, immigrant and women's rights groups filed lawsuits against the state, contesting the removals and arguing that they were not based on individual assessments but rather an indiscriminate application of the law.

Development of Legal Challenges and Judicial Responses

The legal battle intensified when the Justice Department filed a lawsuit against Virginia's administration on Oct. 11, alleging violations of the National Voter Registration Act due to the proximity of voter removals to the upcoming Nov. 5 general election, thereby compromising electoral fairness.

Prior to the Justice Department’s intervention, U.S. Judge Patricia Giles had granted a preliminary injunction on a recent Friday, mandating the reinstatement of individuals removed from voter rolls in the past 90 days without proper individualized scrutiny.

The appellate court supported this decision, criticizing Virginia's interpretation of voter eligibility laws and emphasizing a more nuanced understanding of statutes, stating, “That is not how courts interpret statutes.”

Reactions from Youngkin to Court Decisions

Reacting to the appellate court's decision, Youngkin vowed to escalate the matter to the U.S. Supreme Court, expressing frustration over the reinstatement of those he deemed ineligible to vote due to their self-identified noncitizen status, reaffirmed by federal authorities.

He articulated his dissatisfaction through a series of statements.

“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,” Youngkin said, underscoring the pressing timing of the reinstatement.

On social media, Youngkin further advocated for maintaining stringent voter roll standards, stating, “It’s commonsense: noncitizens shouldn’t be on our voter rolls,” underscoring his commitment to electoral integrity.

Broader Implications for Voter Eligibility and Election Integrity

The ongoing legal dispute highlights the broader national concerns regarding voter eligibility and the integrity of electoral rolls.

Advocates for the plaintiffs laud the rulings as protective measures for voters potentially wrongfully disqualified, ensuring broader electoral participation.

Conversely, Youngkin and his administration, supported by Attorney General Jason Miyares -- who promptly sought an emergency appeal to the Supreme Court -- argue that such court interventions potentially compromise the sanctity of the electoral process.

This ongoing case illustrates the complex balance between securing electoral integrity and ensuring all eligible individuals have the right to participate freely in the democratic process, with potential longstanding implications for how voter eligibility is assessed and enforced across the United States.

Looking Forward to Supreme Court Deliberations

As this significant legal battle progresses, all eyes will be on the potential review by the U.S. Supreme Court, which will not only impact the upcoming elections but also set precedents for how voter eligibility issues are managed nationally.

Both advocates and critics of the recent rulings have staked out strong positions, signaling ongoing debates as the elections draw near.