October 30, 2024
The U.S. Supreme Court on Wednesday granted Virginia’s request to temporarily halt a lower court ruling that had ordered the reinstatement of hundreds of noncitizens on the state’s voter rolls, marking a significant legal win for Governor Glenn Youngkin and Republicans concerned with election integrity. The ruling follows Virginia’s emergency appeal to stop the federal judge’s decision to restore some 1,600 individuals identified as potential noncitizens back to the voter rolls.
“We are pleased by the Supreme Court’s order today,” Youngkin told Fox News in response to the ruling, calling it a “victory for commonsense and election fairness.” He also expressed gratitude for Virginia Attorney General Jason Miyares’s work to uphold “the fundamental rights of U.S. citizens.”
Background and Legal Arguments
The case centers on Virginia’s voter roll maintenance program, which is designed to prevent noncitizens from participating in U.S. elections, a fundamental requirement under the U.S. Constitution. The program, implemented in August, cross-references the Virginia Department of Motor Vehicles’ records with the state’s registered voters to flag individuals who self-identify as noncitizens. Once flagged, individuals are sent notices with a 14-day period to verify their citizenship or risk being removed from the rolls.
The Department of Justice (DOJ) challenged this system, arguing that it violated the National Voter Registration Act (NVRA), which mandates a 90-day “quiet period” before elections, restricting any systematic voter roll maintenance. A U.S. District Court judge in Alexandria sided with the DOJ, halting the program and ordering the reinstatement of those affected, citing concerns about eligible voters being removed without due process.
In response, Attorney General Miyares filed a petition with the Supreme Court, asserting that the DOJ’s broad interpretation of the NVRA does not apply to self-identified noncitizens and that Virginia’s approach is an “individualized” process. Twenty-six Republican attorneys general joined Virginia in a supportive amicus brief, underscoring the importance of preventing noncitizen voting and preserving state-level control over voter eligibility.
Republican Support for Election Integrity
The broader implications of this case have brought attention to election integrity issues that have seen renewed focus among Republicans. Critics argue that the DOJ’s intervention could enable noncitizens to vote in Virginia’s closely contested election and across the U.S. without adequate safeguards. Youngkin’s office has emphasized that the voter roll maintenance program aligns with both federal and state law to protect the rights of U.S. citizens.
Republican attorneys general and officials nationwide view Virginia’s case as emblematic of the need for voter identification laws and more stringent voter roll maintenance. In an amicus brief, they stated, “The Constitution leaves decisions about voter qualifications to the people of Virginia. And the people of Virginia have decided that noncitizens are not permitted to vote.”
This sentiment echoes ongoing discussions within the GOP, where party leaders assert that opposition to voter ID laws and support for policies allowing noncitizen voting raise serious concerns about election fairness.
What’s Next?
The Supreme Court’s decision allows Virginia’s voter roll maintenance to continue for the time being, although further arguments will be heard in full as the case progresses. With Election Day approaching, Youngkin and Miyares hope the court’s action will prevent disruption and ensure that only eligible citizens can vote in Virginia’s upcoming election. This case has amplified concerns among conservatives, who argue that Democratic resistance to voter ID laws and efforts to expand voting rights to noncitizens undermine the principle of free and fair elections.
The Supreme Court’s involvement underscores the significant stakes surrounding voter eligibility as both parties gear up for the upcoming elections, and conservative voices have called on the court to set clear guidelines ensuring that only U.S. citizens have the right to vote.
Sources
- Fox News, “Supreme Court sides with Youngkin in Virginia voter rolls case,” October 2024.
- The Hill, “Republicans rally around Youngkin’s push for voter integrity in Virginia,” October 2024.
- AP News, “Supreme Court temporarily blocks order reinstating 1,600 noncitizens on Virginia voter rolls,” October 2024.
