In a significant decision, the U.S. Supreme Court recently allowed Virginia to resume a controversial voter roll purge targeting approximately 1,600 individuals flagged as noncitizens. This decision overturned a prior order by U.S. District Judge Patricia Giles, who had halted the purge after determining that it violated the National Voter Registration Act (NVRA). Judge Giles ruled that the timing of Virginia’s program, initiated less than 90 days before an election, constituted an illegal systematic purge under federal law. Virginia argued that daily updates to voter rolls were essential to ensure noncitizens did not vote, while voting rights advocates and the Justice Department claimed that legal voters, including naturalized citizens, risked disenfranchisement due to outdated data sources, such as DMV records.
Virginia’s Attorney General, Jason Miyares, defended the program, asserting it was a lawful measure to uphold the integrity of elections. Governor Glenn Youngkin and Miyares argue the program, based on a 2006 law, was not systematically unfair, as it included a notice period for those deemed ineligible to appeal their status. Opponents, including the League of Women Voters of Virginia, maintained that the process disproportionately affected naturalized citizens, potentially excluding lawful voters.
The Supreme Court’s decision reinstates the program just days before Election Day, leading to a mixed public response and heightened scrutiny around voter access in Virginia. The broader implications of this ruling may set precedents for similar voter roll maintenance programs nationwide.
