Twenty-six Republican attorneys general have joined Virginia in urging the Supreme Court to halt a lower court decision that restored the voting rights of 1,600 residents. They argue that the ruling is overly broad and lacks standing under the National Voter Registration Act (NVRA), which mandates that states halt all “systematic” voter roll maintenance 90 days before an election. The amicus brief, backed by every Republican-led U.S. state, calls on the court to grant Virginia’s emergency motion to “restore the status quo” and prevent noncitizens from voting in the upcoming election. The states also object to the Justice Department’s reading of NVRA protections as overly broad and argue that Virginia’s voter removal process was not “systematic.”
The Justice Department had contended that the removals were conducted too close to the Nov. 5 elections and violated the “quiet period” provision under NVRA, leading to a federal judge’s order to reinstate the affected voters on the rolls. However, Virginia Gov. Glenn Youngkin insists that the voters were removed legally under a process based on a 2006 state law enacted by then-Gov. Tim Kaine. This process involved comparing the state Department of Motor Vehicles’ noncitizens list to its list of registered voters and informing those without citizenship that their voter registration would be canceled unless they could prove their citizenship in 14 days. Youngkin and Virginia Attorney General Jason S. Miyares argue that the lower court rulings were “individualized” and not systematic, as alleged by the Justice Department.
The amicus brief filed by the group of Republican states describes the lower court’s ruling as a “sweeping interpretation of the NVRA” that turns a procedural statute into a substantive federal regulation of voter qualifications in elections, potentially raising questions about the constitutionality of the NVRA itself. They also support Virginia’s argument that restoring the affected voters just days before an election could introduce chaos into the voting process. Governor Youngkin and Attorney General Miyares are committed to appealing the decision, maintaining that the Constitution allows Virginians to determine voter qualifications and that the people of Virginia have decided that noncitizens should not be allowed to vote.
The Republican attorneys general stand in solidarity with Virginia in urging the Supreme Court to uphold the emergency motion and prevent noncitizens from voting in the upcoming election. They argue against the Justice Department’s interpretation of NVRA protections as overly broad and emphasize that Virginia’s voter removal process was not systematic. Governor Youngkin maintains that the voter removals were carried out legally under a process based on a state law from 2006. Both Youngkin and Attorney General Miyares are prepared to appeal the decision and assert that the people of Virginia have decided that noncitizens should not have the right to vote in the state.
In the midst of legal challenges surrounding the restoration of voting rights to 1,600 residents in Virginia, Republican attorneys general have joined forces with the state in urging the Supreme Court to intervene and prevent noncitizens from voting. They argue that the lower court decision was overly broad and lacked standing under the NVRA, emphasizing that Virginia’s voter removal process was not systematic. Governor Youngkin and Attorney General Miyares are determined to appeal the lower court rulings and maintain that the people of Virginia have the right to determine voter qualifications, which exclude noncitizens from voting in the state.
