U.S. Supreme Court Greenlights Virginia Voter Roll
The US Supreme Court has granted Virginia permission to purge around 1,600 residents from its voter registration lists. This ruling highlights substantial ideological divisions among the justices involved in the case. The decision comes at a critical time, as the presidential election draws near. Many see this ruling as politically charged and controversial in nature. The implications of this decision may significantly impact voter participation in the upcoming election.
Controversial Decision Amidst Dissent
In a move over the objections of three liberal justices, the court suspended a lower court ruling. This earlier decision had indicated that Virginia’s mass cancellation of voter registrations, aimed at removing noncitizens, violated a federal law’s 90-day pre-election “quiet period.” As is customary with emergency orders, the Supreme Court did not provide an explanation for its ruling.
Noncitizen Voting Claims Under Scrutiny
While Virginia is not classified as a battleground state, the case touches on a contentious issue in the presidential race. Donald Trump has frequently asserted that noncitizen voting is widespread, a claim that research has shown to be extremely rare. This case marks one of the few election-related lawsuits initiated by the U.S. Justice Department.
Implications for Voter Registration
TheUS Supreme Court ‘s ruling does not definitively determine whether Virginia can implement a similar removal strategy in future elections. However, it indicates that the state will not be compelled to reinstate removed names and can continue purging voter registrations until November 5. This purge relies on citizenship data sourced from the Department of Motor Vehicles (DMV).
Re-registration Opportunities for Purged Voters
Voting-rights advocates have stated that eligible voters purged from the rolls will have the chance to re-register and vote on Election Day. “The Supreme Court’s approval of Virginia’s last-minute purge, which encompasses many recognized eligible citizens just days before an election, is appalling,” remarked Danielle Lang, an attorney with the Campaign Legal Center. Lang added that the ultimate decision will rest with the voters, not the courts.
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Justice Department’s Concerns
The Justice Department has expressed its dissatisfaction with the ruling. Specifically, it stated, “We filed this suit to ensure fairness.” Moreover, they emphasized the importance of every eligible American citizen being able to exercise their right to vote. Ultimately, this statement reflects their commitment to protecting voting rights in elections.
A Pattern of Legal Challenges
Virginia is the second state facing legal challenges regarding attempts to remove suspected foreign nationals from voter rolls. Notably, this occurs in the campaign’s final weeks. A federal judge recently blocked Alabama’s Secretary of State from executing a similar removal. Specifically, the blocked removal involved over 3,000 individuals identified by the state. Furthermore, Alabama opted against pursuing an immediate appeal following the judge’s ruling.
Systematic Removals Under Scrutiny
The legal dispute in Virginia hinges on whether the cancellation program is “systematic” or based on individualized investigations. Consequently, this distinction has significant implications for how the program operates. The National Voter Registration Act prohibits systematic removals within 90 days of an election. This law aims to protect eligible voters from being unjustly deprived of their rights. Ultimately, it ensures that voters have adequate time to address issues regarding their status before an election.
DMV Data Reliability Concerns
Virginia’s state representatives assert that the program relies on information provided by individuals to the DMV. Specifically, this includes a form option for indicating non-citizenship. However, the Justice Department and advocacy groups contend that this data could be inaccurate. In particular, this concern arises if residents have since become naturalized citizens or mistakenly checked the wrong box. Additionally, they have identified individuals among the purged voters who are U.S. citizens.
Background of the Legal Dispute
The dispute traces back to an executive order signed by Virginia Governor Glenn Youngkin on August 7. Specifically, this order mandated the state’s election office to confirm a system for daily updates to voter rolls. Furthermore, these updates would include removals based on DMV data. Although the removal process has existed for years, it typically occurred on a monthly basis.
On October 25, a federal judge in Alexandria issued an order to block the program. Subsequently, the 4th U.S. Circuit Court of Appeals upheld this decision, denying the state’s request to reverse the order before the upcoming election.
