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VA Gov. Glenn Youngkin Vows to Fight Non-Citizen Voter Roll Reinstatement Order

 October 27, 2024

In a development that has stirred political waters in Virginia, a federal judge has intervened to stop the removal of potential non-citizens from voter rolls.

On Friday, U.S. Judge Patricia Giles issued a preliminary injunction requiring the state to reinstate approximately 1,600 residents who had been removed in the last 90 days, prompting a vow from Republican Gov. Glenn Youngkin to appeal the decision, taking the matter to the U.S. Supreme Court if necessary to combat potential fraud, as Fox News reports.

Giles expressed concern over the process used by the state, which she noted resulted in the inadvertent removal of eligible voters.

She underscored the necessity for states to align with federal voting laws, especially as elections approach. According to Giles, the systematic removals of voter registrations violated federal regulations, posing the risk of disenfranchising legitimate voters.

Youngkin Plans Response

The ruling prompted an immediate response from Youngkin, who announced plans to seek an emergency stay from the Fourth Circuit Court of Appeals to block the injunction.

Youngkin believes that the original removals were lawful and necessary under a state law passed in 2006. This law, by Youngkin's account, permitted the practice of using Department of Motor Vehicles data to flag non-citizens who might be registered to vote.

The governor has voiced his determination to take the appeal as far as the U.S. Supreme Court if need be. On Fox News, the governor described the ruling as "a stunning decision" by Judge Giles, reiterating his position that those reinstated had self-identified as non-citizens and are therefore indisputably ineligible to vote.

Roots of the Controversial Decision

The issue stems from an executive order made by Youngkin in August, which authorized state election officials to routinely update voter rolls.

These updates involved cross-referencing the DMV's list of non-citizens with the voter registration database. If listed, individuals were notified and given 14 days to provide evidence of citizenship before their registrations were canceled.

While Youngkin insists that the process was done on an individualized basis, Judge Giles considered it systematic and in conflict with federal law. Her injunction emphasizes the importance of ensuring that states do not perform such purges too close to elections, which could inadvertently disenfranchise eligible voters.

Department of Justice Takes Action

The DOJ, which sued Virginia on Oct. 11, argues that the state's actions risked removing qualified voters without proper notice, infringing on their right to participate in the upcoming election. They emphasized that federal law prohibits such a sweeping removal strategy in the period leading up to a federal election.

The department further highlighted the short notice and lack of sufficient correction time for those erroneously tagged as ineligible. In turn, this federal intervention seeks to maintain the integrity of the voter lists while preserving the principle that eligible voters should not be disenfranchised.

Legal Path Forward for Virginia

With the matter far from settled, the upcoming appeal will be keenly watched as it progresses through the legal system. Judge Giles' ruling has momentarily paused the effort to cleanse voter rolls of alleged noncitizens, but the state's administration feels it has legal grounding to continue.

Youngkin's assertion that the removals conform to a 2006 state law presents a challenging legal battleground for both advocates of voter protections and the state's administration. As legal proceedings unfold, the implications for voter roll integrity and federal oversight remain central issues.

Implications for Upcoming Elections

As the door opens for the reinstatement of nearly 1,600 Virginia residents, concerns linger over the broader implications for upcoming elections -- both in Virginia and nationwide. Court watchers and stakeholders are attentive to how this legal encounter will shape voter roll management practices ahead of Election Day.

The case represents a pivotal moment in the ongoing discourse around election security and voters' rights, highlighting the fine balance between safeguarding election integrity and ensuring access to the democratic process is not unnecessarily restricted.

Conclusion and Future Prospects

This unfolding legal drama underscores the complex challenges that state administrations face in managing and updating voter rolls. With federal law setting boundaries to protect voters' access, states' strategies will likely continue to be scrutinized ahead of every major election.

As the legal wheels turn, Virginia's experience could potentially set a precedent affecting other states' approaches to managing voter registration lists, especially when balancing state actions against the overarching framework of federal guidelines.