Virginia Supreme Court Ruling Revives Controversial Voter Roll Plan Ahead of Election

On Wednesday, the U.S. Supreme Court permitted Virginia’s Republican officials to reinstate a contentious plan aimed at removing noncitizen voters from the electoral rolls, just days before the upcoming election. This ruling overrules a previous decision by a federal judge that had halted the program and mandated the reinstatement of 1,600 voters.

The Supreme Court’s brief order reflected the ideological divide within the justices, with the three liberal members dissenting in the 6-3 conservative majority ruling. Virginia Governor Glenn Youngkin hailed the decision as a victory for “commonsense and election fairness,” asserting that it assures Virginians their elections are secure and free from political interference.

Virginia’s same-day voter registration policy allows eligible voters, even those removed from the rolls, to cast their ballots. However, civil rights organizations, supported by the Biden administration, have raised alarms about the potential for legitimate voters to be unjustly removed. They argue that the state’s method of flagging voters for removal based on information from Department of Motor Vehicles forms has led to U.S. citizens being incorrectly identified as noncitizens.

Legal and Legislative Context

The National Voter Registration Act prohibits states from systematically removing individuals from voter rolls within 90 days of an election. Solicitor General Elizabeth Prelogar, representing the Biden administration, emphasized that while states have the right to maintain their voter lists, they must do so responsibly and not in a way that jeopardizes eligible voters.

Civil rights advocates, including the Virginia Coalition for Immigrant Rights, contend that the program disproportionately impacts those who may have indicated noncitizen status previously but have since obtained citizenship. Evidence presented in court suggests that U.S. citizens may have been erroneously removed from voter rolls, undermining the protections intended by the 90-day rule.

This ruling aligns with a wider Republican narrative, often echoed by former President Donald Trump, claiming rampant noncitizen voting. This rhetoric not only fuels ongoing debates about election integrity but also sets the stage for potential challenges to election results should Trump lose.

Kansas Attorney General Kris Kobach, known for his staunch anti-immigration stance, filed a brief in support of Virginia’s plan, joined by 25 other Republican state attorneys general, highlighting the national ramifications of this ruling.

As Virginia prepares for the upcoming election, the implications of this ruling will be closely monitored. The ongoing tensions between state officials, civil rights advocates, and federal authorities underscore a pivotal moment in the conversation surrounding voter rights and election integrity in America.