DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

TOP STORIES

Latest News

Virginia Seeks SCOTUS Intervention in Voter Roll Dispute

 October 29, 2024

Virginia’s legal landscape has shifted as Attorney General Jason Miyares has taken a significant step by asking the U.S. Supreme Court to reverse a decision affecting the state's voter registration processes.

This development arises after a court order demanded that the state halt its verification of voter citizenship using Department of Motor Vehicles data and reinstated over 1,600 individuals previously removed from voting lists, as the Washington Examiner reports.

Supreme Court Petition Stirs Election Debate

The controversy began when a lower court issued an edict barring Virginia from utilizing DMV data to confirm voter citizenship. The state was instructed to restore individuals to its voter rolls, undoing removals made within 90 days of an election -- a federally designated quiet period aimed at safeguarding voter lists.

The quiet period is legislatively established to minimize the risk of unjustly disenfranchising eligible voters. This court action emphasized the importance of accuracy in maintaining voter registration lists, especially as elections draw near.

Facilitating the reinstatement, a three-judge panel from the U.S. Court of Appeals for the Fourth Circuit upheld the lower court's decision. This panel comprised appointees from the Obama and Biden administrations, who sided with the earlier ruling, citing concerns about Virginia's methods.

Virginia's Legal Strategy Draws Scrutiny

The Fourth Circuit panel criticized the state's methodology, pointing out that Virginia had not confirmed the citizenship status of those removed. This lack of verification led to the ruling that the broad removals violated federal quiet period protections.

In response to these legal setbacks, Miyares has advanced the case to the nation's highest court. Miyares contends that the injunction contravenes established state law and poses logistical challenges for election administration.

Emphasizing these operational issues, Miyares stated that the court’s injunction could cause extensive voter and administrative confusion. He pointed out the complexities involved in potentially restoring those identified, whether correctly or incorrectly, as noncitizens.

Response From DOJ Requested

Recognition of the pressing nature of the matter is underscored by the Supreme Court's prompt action. It has requested responses to Miyares’s filing from the Department of Justice and concerned voting rights groups by Tuesday afternoon, underscoring the urgency of the issue.

The Fourth Circuit had outlined alternative approaches to manage concerns about noncitizen voting. They suggested that Virginia could consider individual registration cancellations or legally pursue noncitizens who attempt to vote.

Miyares’s appeal to the Supreme Court highlights the tension between state and federal interpretations of voting law compliance during no-change periods leading up to elections.

Mixed Reactions to State's Approach

The Virginia AG acknowledged, “The injunction prevents the application of laws precleared by the Justice Department in 2006.” Miyares argued that the ruling could diminish the state's control over its election processes, affecting both voters and officials.

The Fourth Circuit judges, however, expressed skepticism about the strength of Virginia's argument. They remarked that the state’s failure to thoroughly verify the noncitizen status of removed voters weakened its legal stance.

The panel further noted that despite the injunction, Virginia has the means to address noncitizen registration through narrower, individual actions rather than blanket removals.

Impact on Virginia's Election Procedures

This case has sparked an intense debate over the maintenance of voter rolls and the balance between accurate voter registration and the risk of disenfranchisement. Miyares stressed that the lack of clear procedures could mislead noncitizens into voting, inadvertently resulting in the disenfranchisement of legitimate voters.

Election officials and voters are likely to experience heightened confusion if the Supreme Court orders the re-registration of over 1,600 people. The complexity of accurately updating voter rolls during the sensitive pre-election period underscores the challenges faced by Virginia's election machinery.

The Supreme Court's decision could set a critical precedent for how citizenship verification laws are applied across the United States, particularly where state and federal guidelines intersect during key electoral phases.

Future Implications and Anticipations

As the country prepares for upcoming elections, this case could influence broader national discussions on voter registration protocols and the proper role of verification methods like DMV data.

The outcome of the Supreme Court's deliberation may alter the way states navigate the tightrope of securing elections while safeguarding voter inclusivity within the regulatory frameworks that govern American democracy.

Observers will closely watch for the Supreme Court's decision, which promises to have significant repercussions not only for Virginia but potentially for voting procedures across the nation.