By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia
The Donald Trump and MAGA-influenced U.S. Supreme Court on Wednesday allowed Virginia to proceed with a program targeting the removal of suspected noncitizens from its voter registration rolls, in a decision made without commentary from the majority. Just days before the election, conservative justices supported the decision, which sparked sharp reactions from voting rights organizations and Democratic leaders who claim it may disenfranchise hundreds of eligible voters.
The program, implemented under Gov. Glenn Youngkin, directs election officials to purge voters flagged as potential noncitizens through Department of Motor Vehicles data, impacting roughly 1,600 registrations. While Governor Youngkin called the Court’s ruling a “victory for common sense and election fairness,” the program has faced opposition from the Biden administration and advocates, who argue it violates the National Voter Registration Act (NVRA). This 1993 law prohibits “systematic” changes to voter rolls within 90 days of a federal election.
Lower courts, including a three-judge panel from the 4th Circuit Court of Appeals, had previously blocked Virginia’s efforts, concluding that citizens may be mistakenly purged and noting that some registrations were removed without verified citizenship status. Judge Patricia Tolliver Giles emphasized that “none of the parties involved… knew for certain the citizenship status of the purged voters.”
Voting rights advocates contend that Virginia’s program targets lawful voters, including naturalized citizens and U.S.-born residents, at a critical point ahead of Election Day. The Campaign Legal Center (CLC), representing Virginia organizations in opposition to the purge, criticized the Court’s decision, citing flawed data and the disenfranchisement of eligible voters. “The Supreme Court allowing Virginia to engage in a last-minute purge that includes many known eligible citizens… is outrageous,” said CLC attorney Danielle Lange, who emphasized that all eligible Virginians can register on Election Day if needed.
Ryan Snow, counsel for the Lawyers’ Committee for Civil Rights Under Law, highlighted the uncertainty and risks faced by affected voters, particularly those voting absentee. “The list of purged voters includes both new citizens and people born in the U.S., all of whom have the same sacred right to vote,” he noted. Snow urged voters to use Virginia’s same-day registration process if they find themselves removed from the rolls, stressing the availability of multilingual support hotlines for assistance.
The legal dispute has escalated amid national concerns about voting rights, with Republicans like former President Donald Trump promoting the purge as a way to prevent alleged noncitizen voting. However, documented instances of noncitizen voting remain rare; a recent Georgia audit found only nine noncitizens voting out of 8.2 million registrants.
Affected Virginians can confirm their registration status and re-register if necessary using the same-day registration process on Election Day. This process requires signing an eligibility affirmation and casting a provisional ballot. Officials from the Lawyers’ Committee for Civil Rights Under Law said any voters with questions should call or text the Election Protection Hotline at 866-OUR-VOTE, or call one of the bilingual Election Protection hotlines at 888-VE-Y-VOTA (Spanish); 844-YALLA-US (Arabic); or 888-API-VOTE (Bengali, Cantonese, Hindi, Korean, Mandarin, Punjabi, Tagalog, Urdu, Vietnamese). The organization can check to see if voters are one of the 1600 people who were purged since August 7 and guide them on what steps they can take, including how to use the Same Day Registration process to cast their ballot.
Stacy M. Brown is an NNPA Newswire Correspondent