The U.S. Supreme Court has allowed the state of Virginia to continue removing suspected non-citizens from its voter rolls while challenges to the program proceed in the lower courts. This decision temporarily blocks an earlier ruling by U.S. District Judge Patricia Tolliver Giles, who had found that Virginia’s program potentially disenfranchised eligible U.S. citizens. The brief unsigned order issued by the justices permits Virginia’s governor, Glenn Youngkin, to maintain the directive that cross-references DMV data with citizenship records to identify non-citizens.
The program, initiated through an executive order by Governor Youngkin, mandates the daily transfer of data from the Department of Motor Vehicles to state election officials, aiming to verify citizenship status within a 14-day window. This has drawn criticism from the Biden administration and various civic and immigrant rights organizations. They argue it contravenes the National Voter Registration Act’s “quiet period” rule, which prohibits systematic voter purges near federal elections.
While the state’s defense states that the NVRA‘s limitations on removing voters do not apply to non-citizens ineligible to vote, opponents argue the process is a “systematic” purge lacking proper individual verification. U.S. Solicitor General Elizabeth Prelogar highlighted instances where individuals were erroneously removed despite evidence of their citizenship.
The principle established in Purcell v. Gonzalez, discouraging changes to election laws close to the polls, was invoked by Virginia. However, Prelogar and her co-litigants countered that this principle does not preclude relief under circumstances indicating violations of the quiet period provision.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson expressed dissent over the majority’s decision, though no detailed rationale was offered. The case continues to unfold, reflecting broader national tensions over voter registration practices and election integrity measures. For more detailed legal analysis, visit SCOTUSblog.