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Federal Court Upholds Reinstatement of Virginia Voters with Citizenship Concerns
A federal appeals court announced on Sunday that it upheld a lower court’s decision to reinstate approximately 1,600 Virginia voters whose citizenship status is in question.
Background of the Case
This ruling followed a lawsuit filed by immigrant advocacy and women’s rights organizations against the state and its Board of Elections. The legal action was prompted by an executive order from Virginia Governor Glenn Youngkin issued in August, which instructed state officials to identify noncitizens among voters. Those identified were given a two-week period to contest their disqualification before being removed from the voter rolls.
Court’s Findings on Legal Interpretation
The governor’s legal team contended that existing laws pertain specifically to actual voters and do not encompass the removal of noncitizens. However, the Fourth Circuit Court found that Virginia was improperly conflating different aspects of election law.
YOUNGKIN PLANS TO APPEAL TO THE SUPREME COURT AFTER JUDGE REINSTATES 1,600 VOTERS
Governor’s Response and Future Actions
“This is not how judicial interpretation works,” stated the appeals court in its decision.
In response, Governor Youngkin expressed his intention to escalate the matter to the U.S. Supreme Court via social media platform X, asserting that “it’s common sense: noncitizens should not be included on our voter rolls.” He thanked @JasonMiyaresVA , Virginia’s Attorney General, for promptly filing an emergency appeal with the Supreme Court regarding this issue.
The Judge’s Ruling and Its Implications
This past Friday, U.S. District Judge Patricia Giles issued a preliminary injunction mandating that all voters removed from state rolls within 90 days be reinstated. She determined that these removals were executed systematically rather than on an individual basis, thus violating federal regulations.
This ruling came after a lawsuit initiated by the Justice Department on October 11 against Virginia’s State Board of Elections and its Commissioner for allegedly breaching provisions set forth in the National Voter Registration Act (NVRA) due to premature voter roll removals ahead of the November 5 general election.
Read more about this lawsuit here.
Youngkin Critiques Federal Intervention
“Let’s clarify what has transpired: just eleven days prior to a presidential election, a federal judge mandated Virginia reinstate over 1,500 individuals who claimed noncitizen status back onto our voter lists,” remarked Youngkin following Judge Giles’ ruling.
YOUNGKIN RESPONDS TO DOJ LAWSUIT OVER NONCITIZEN REMOVALS FROM VOTER ROLLS.
“Most individuals had previously submitted immigration documentation, confirming their status as noncitizens—a fact corroborated by federal authorities,” he added.
Potential Impact Ahead of Election Day
If this case reaches higher courts soon enough, it could have significant implications just days before Election Day.
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