Ruling: Virginia must return noncitizens to voter rolls; Youngkin vows appeal

(The Center Square) – A federal judge is ordering Virginia to return the names of more than 1,500 “noncitizens” to voter rolls following a lawsuit filed by the Department of Justice saying the commonwealth violated the National Voter Registration Act.

The Justice Department said the commonwealth unlawfully removed individuals deemed “noncitizens” from voter rolls within 90 days before an election, citing a “quiet period” in the National Voter Registration Act that mandates “no such voter cancelation or list maintenance programs may be conducted” within that time period.

Virginia Attorney General Jason Miyares is blasting the ruling, calling the move a “politically motivated stunt” shortly before the election.

“It should never be illegal to remove an illegal voter,” said Miyares. “Yet, today a Court – urged by the Biden-Harris Department of Justice – ordered Virginia to put the names of noncitizens back on the voter rolls, mere days before a presidential election. The Department of Justice pulled this shameful, politically motivated stunt 25 days before Election Day, challenging a Virginia process signed into law 18 years ago by a Democrat governor and approved by the Department of Justice in 2006.”

Miyares is accusing the Biden administration of weaponizing the legal system, labeling the administration as “bullies.”

“More concerning is the open practice by the Biden administration to weaponize the legal system against the enemies of so-called progress,” Miyares added. “That is the definition of lawfare. To openly choose weaponization over good process and lawfare over integrity isn’t democracy: it’s bullying, pure and simple, and I always stand up to bullies,” Miyares added.

Youngkin echoed Miyares’ statement regarding the decision in proximity to the election while defending the commonwealth’s move to remove “noncitizens” from the voter rolls.

In a statement Youngkin said, “Let’s be clear about what just happened: only 11 days before a presidential election, a federal judge ordered Virginia to reinstate over 1,500 individuals – who self-identified themselves as noncitizens – back onto the voter rolls. Almost all these individuals had previously presented immigration documents confirming their noncitizen status, a fact recently verified by federal authorities.”

In the lawsuit, the Justice Department said some of the people identified as “noncitizens” are, in fact, American citizens and, therefore, eligible to vote.

The commonwealth is among only a few states that require individuals to provide their full nine-digit Social Security number when registering to vote.

The lawsuit stems from an Aug. 7 executive action issued by Youngkin. He directed the Board of Elections to conduct daily updates on the voter rolls. Included were the removal of deceased voters, voters who have moved, and voters deemed ineligible.

When the governor issued the executive action, Youngkin’s office indicated that over the last two years, nearly 80,000 deceased voters had been removed from voter rolls. Between January 2022 and July of this year, 6,303 noncitizens were removed from the voter rolls.

Youngkin said the commonwealth “will immediately petition” an appeal with the 4th U.S. Circuit Court of Appeals and, “if necessary, the U.S. Supreme Court, for an emergency stay of the injunction.”

By Sarah Roderick-Fitch | The Center Square