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Virginia Ordered to Reinstate Non-Citizen Voters to Rolls

 October 26, 2024

In a significant judicial move, a federal judge has mandated that Virginia reinstate over 1,500 non-citizens to its voter rolls, a directive that arrives just eleven days prior to the national presidential election.

This decision follows a lawsuit filed by the Biden-Harris Department of Justice and challenges a longstanding Virginia law aimed at maintaining voter eligibility through citizenship verification, as National Review reports.

The Virginia law in question, established in 2006 with the endorsement of then-Gov. Tim Kaine, requires the removal of voters who are not U.S. citizens.

It has been implemented consistently by each party during presidential elections since its inception, with the intention of upholding voter integrity by ensuring only eligible citizens can vote in state elections.

Decision Sparks Response and Planned Appeal

This judicial order came at the behest of the Biden administration's DOJ, which sought the intervention of the federal court concerning Virginia's voter rolls. Appointed by President Biden, the judge ruled in favor of the lawsuit, paving the way for the reinstatement of these non-citizen individuals.

The reinstatement affects individuals whose non-citizen status has been affirmed through proper immigration documents and verification by federal authorities. In response to this unexpected development, Virginia's Attorney General Jason Miyares announced intentions to rapidly appeal the ruling.

Political Implications and Voter Concerns

The political context surrounding this decision is particularly noteworthy. President Joe Biden carried Virginia by a ten-point margin in the 2020 election.

Conversely, current polls suggest Vice President Kamala Harris holds a narrower lead against Donald Trump.

Voter sentiment on issues such as border security highlights the potential influence on upcoming election dynamics.

The electorate is expressing concern about the administration's handling of border security particularly given the reported entry of over 10 million migrants during the Biden-Harris tenure.

Governor's Comments and Broader Reactions

Gov. Glenn Youngkin has commented on the matter, emphasizing the unusual timing of the decision amidst electoral proceedings. He stated, "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."

This decision brings federal and state legal interpretations on voter registration to the forefront, highlighting the ongoing debate about election integrity and federal jurisdiction over state law.

Legal Path Forward and Broader Context

As Virginia's legal team prepares for a potential multi-phase appeal process, observers are keenly watching how this case unfolds amid heightened attention on election protocols.

The case stands as a pivotal example of the continual federal-state tug-of-war concerning voter laws, reflecting broader national concerns over election integrity and governance.

By pursuing an appeal, Virginia seeks clarification and resolution, raising vital questions about federal authority's reach into state electoral processes.

Impacts on Future Elections and Security

Regardless of the final outcome in the courts, the ruling casts a spotlight on the significant influence judiciary decisions exert on state-level electoral operations just before major elections.

Deliberations around this case likely extend beyond immediate legal details, touching on public perspectives on who should maintain control over voting parameters: states or federal entities.

In conclusion, this case introduces crucial considerations for how states legislate and monitor voter qualifications, especially against rising scrutiny over election credibility and procedural fairness.