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The U.S. Supreme Court ruled in favor of Virginia’s plan to remove 1,600 registered voters suspected of being noncitizens just days before the 2024 federal election. The decision comes despite concerns that the initiative may unintentionally remove eligible voters, according to civil rights groups and federal authorities. Virginia argued that the voter roll review is essential for election integrity, a view the conservative-majority Supreme Court supported in a 6-3 decision.
Governor Glenn Youngkin introduced the plan on August 7, directing Virginia election officials to cross-check voter rolls daily with Department of Motor Vehicles data to identify noncitizens. Virginia officials stated the plan would enhance election security and prevent noncitizens from voting. However, critics argued that the system might remove lawful voters due to potential errors, such as residents who became citizens after obtaining their driver’s licenses.
Civil rights advocates, backed by the Biden administration, raised legal challenges, arguing that systematic voter removals within 90 days of a federal election violate the National Voter Registration Act (NVRA). The NVRA’s “Quiet Period Provision” prohibits such removals close to elections to prevent voter confusion and ensure fair access. District Judge Patricia Tolliver Giles initially ruled in favor of civil rights groups, placing an injunction on Virginia’s plan to prevent disruptions so close to the election. However, the Supreme Court’s emergency ruling overturned the lower court’s decision, allowing the removal to continue.
The Supreme Court’s decision did not include a written rationale, which is standard for expedited cases, although the court’s three liberal justices dissented. Justice Department officials criticized the ruling, arguing that the voter removal program compromises eligible citizens’ rights. “The department brought this suit to ensure every eligible citizen can vote in our elections,” a Justice Department spokesperson said. Protect Democracy, a civil rights group involved in the lawsuit, stated that the lack of clear evidence regarding noncitizens voting reflects that the program targets lawful citizens by mistake.
The Virginia Attorney General, Jason Miyares, praised the Supreme Court’s ruling, asserting it helps ensure only eligible citizens vote. Supporters of the ruling, including Donald Trump and other conservative figures, have argued that it upholds commonsense election safeguards, despite the absence of verified cases of noncitizens attempting to vote in Virginia.
Virginia offers same-day voter registration, so any voter wrongfully removed can still register at the polls on Election Day or during the state’s early voting period. Early voting in Virginia ends on November 2, providing a few days for any affected eligible voters to re-register.
The Supreme Court’s ruling aligns with prior court decisions that favor election security over procedural timing concerns, a trend that critics claim may disproportionately impact certain voter demographics. With Virginia predicted to support Vice President Kamala Harris in this election, this last-minute change could significantly influence voter turnout.