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Supreme Court Backs Virginia's Voter Removal Program

 October 31, 2024

The U.S. Supreme Court has permitted Virginia to continue its voter removal initiative targeting alleged noncitizens, upholding a decision that affects around 1,600 registered voters.

The decision reaffirms the stance of Virginia Republicans and suspends the restoration of these voters' registrations pending an appeal, Newsweek reported.

Initial Legal Challenge and Supreme Court Involvement

On Wednesday, the Supreme Court intervened in Virginia's ongoing voter removal debate, supporting the state's GOP-led initiative.

The court's decision, which had three liberal justices dissenting, temporarily halted the reinstatement of voter registrations previously ordered by U.S. District Judge Patricia Giles.

Virginia's Attorney General Jason Miyares, a Republican, had appealed to the high court just days after Judge Giles' ruling.

Notably, this ruling had come in opposition to the state's actions, citing a violation of a federal safeguard during the 90-day quiet period before elections, which is intended to prevent the wrongful removal of voters.

Moreover, the quiet period regulation is designed to ensure that voter rolls are not erroneously altered as Election Day approaches, thereby protecting legitimate voters from being disenfranchised due to administrative errors.

Chronology of Court Decisions

Just six days before the upcoming election, the Supreme Court's order was issued, maintaining the voter list changes until the conclusion of the appeal process.

Prior to this, on Sunday, the 4th U.S. Circuit Court of Appeals had affirmed Judge Giles' decision, which itself had temporarily restored the voting rights of those affected.

Judge Giles, appointed by President Joe Biden, had originally blocked the voter removal program, emphasizing that the timing of the action contravened federal law.

However, the Supreme Court's recent decision effectively pauses these restorations, adding another layer of complexity to the ongoing legal battle surrounding voter qualifications in Virginia.

Details of the Voter Removal Plan

The controversy centers on Virginia's method of identifying voters for removal. Specifically, the state targeted individuals based on their responses to a citizenship question on DMV forms—either by marking themselves as noncitizens or failing to answer the question at all.

Consequently, those flagged were notified and provided a two-week window to contest their disqualification. According to state officials, this process was part of an effort to maintain the integrity of voter rolls ahead of the elections.

Furthermore, Virginia Governor Glenn Youngkin, a Republican, had earlier issued an executive order for daily checks to remove noncitizens from the rolls, framing it as a measure to uphold election security.

Political and Public Reactions

Liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson expressed their disagreement with the Supreme Court's decision. Their dissent highlights the ongoing ideological split within the court regarding voter registration and election integrity measures.

In contrast, Governor Youngkin lauded the Supreme Court's ruling as a win for "commonsense and election fairness," asserting that clean voter rolls are crucial for a fair electoral process. Additionally, he detailed Virginia's voting security measures, including paper ballots and secured counting processes, further reassuring voters of the integrity of the upcoming election.

"Virginians can cast their ballots on Election Day knowing that Virginia's elections are fair, secure, and free from politically-motivated interference," Youngkin added, reflecting his administration's commitment to election security.

Broader Implications for Voter Registration

The U.S. Justice Department and several advocacy groups have opposed the Virginia program, arguing that it risks disenfranchising eligible voters. This legal tussle underscores the broader national debate over voter registration practices and the balance between preventing fraud and ensuring voter access.

As the appeal progresses, the issue remains a significant point of contention, drawing attention to the methods and timing of voter roll management as critical elements in the broader dialogue on election fairness and security.