Virginia appealed to the U.S. Supreme Court on Monday to allow the state to remove around 1,600 registered voters it alleges are noncitizens.
The federal appeals court upheld a judge’s order that restored these voters’ registrations, ruling that the state’s removal program was unlawfully implemented.
In August, an executive order was issued by Gov. Glenn Youngkin, a Republican, mandating daily data checks to identify noncitizens on voter rolls.
Youngkin insists that the program is a necessary measure to prevent noncitizens from voting in the upcoming November election.
David McNew/Getty Images
What is an Election ‘Quiet Period?’
U.S. District Judge Patricia Giles ruled on Friday that the effort violated federal law, as it took place during a 90-day “quiet period.”
The quiet period is mandated to avoid the risk of mistakenly removing legitimate voters just before the election.
The U.S. Justice Department, along with several advocacy groups, challenged the executive order earlier this month, arguing that the governor’s systematic approach could lead to disenfranchising eligible voters.
Court of Appeals Verdict
In a ruling Sunday, the 4th U.S. Circuit Court of Appeals backed Judge Giles’ initial decision, finding that Virginia’s data-matching efforts did not sufficiently prove that those removed were indeed noncitizens.
The court’s opinion, written by Judge Toby Heytens—a Biden appointee—and joined by Chief Judge Albert Diaz and Judge Stephanie Thacker, both Obama appointees, emphasized that while states have the right to remove noncitizens from the rolls, the process must be individualized and not based on bulk data transfers from the DMV.
The appeals court also rejected the state’s claim that the judge’s order was forcing Virginia to restore noncitizens to its voter rolls.
The court pointed to the fact that citizens’ registrations could be erroneously canceled due to ticking the wrong box on DMV forms.
Under Youngkin’s program, the DMV data was cross-referenced daily with voter rolls to identify noncitizens
State officials said that any flagged voter received a notice and had two weeks to contest the disqualification.
Those who returned forms affirming their citizenship retained their registration.
Removal of Alleged Noncitizens in Alabama
In a similar case in Alabama, a federal judge last week ordered the state to reinstate over 3,200 voters who were purged as noncitizens.
Testimony revealed that approximately 2,000 of those purged were, in fact, legal citizens.
The program was launched by Republican Secretary of State Wes Allen in August, originally touted by Allen as a way to begin the “process” of removing “noncitizens registered to vote in Alabama.”
The Department of Justice and a coalition of immigration and voting rights groups sued, arguing that the program systematically removed names during the 90 day quiet period.
This article includes reporting from The Associated Press