In a recent development, Virginia has lodged an appeal with the U.
S. Supreme Court following a directive from a judge appointed by President Joe Biden.
The directive mandates the state to reinstate non-citizens onto its voter rolls, a move that comes just ahead of the 2024 presidential and Congressional elections. This information was initially reported by the Daily Wire.
According to The Post Millennial, the ruling by US District Judge Patricia Giles was upheld by a federal appeals court last Sunday. Consequently, Gov. Glenn Youngkin (R-VA) and Attorney General Jason Miyares have decided to redirect the legal battle to the Supreme Court. Lawyers representing Youngkin argued before the federal appeals court that the lower court's injunction, which prevents Virginia from removing non-citizens from the voter rolls, lacks legal foundation and could potentially trigger electoral turmoil ahead of the election.
The appeals court, comprising three judges, unanimously rejected Virginia's use of data from the state Department of Motor Vehicles to purge non-citizen voters during a 90-day "quiet period" before Election Day. They argued that this action contravenes the National Voter Registration Act (NVRA) of 1993. However, they also noted that Virginia authorities can still prevent noncitizens from voting by cancelling registrations individually or prosecuting any noncitizen who votes.
In contrast, Florida's federal district courts in 2012 interpreted the 90-day deadline in the NVRA differently. They ruled that a state cannot remove a voter from the rolls "based on a change in the residence of the registrant," but this does not prevent it from removing non-citizens.
In an executive order issued in August, Youngkin instructed voting officials to cross-check voter rolls with DMV data. This led to the removal of 1,600 non-citizens who were flagged from the voter rolls. Youngkin, in a post last Sunday, asserted that it is "common sense" that non-citizens should not be allowed to vote.
Youngkin also pointed out last week that a 2006 state law, signed by then-Gov. Tim Kaine (D-VA), "mandates certain procedures to remove noncitizens from the voter rolls, with safeguards in place to affirm citizenship before removaland the ultimate failsafe of same-day registration for US citizens to cast a provisional ballot. This law has been applied in every Presidential election by Republicans and Democrats since enacted 18 years ago," Youngkin stated.
The move to purge non-citizens from the voter rolls in Virginia, championed by Youngkin, has been met with resistance from the Biden-Harris Department of Justice and several private political action groups. The DOJ argued that the 90-day "quiet period" is designed to protect legitimate voters from being inadvertently denied their right to vote due to bureaucratic errors.
Donald Trump, the Republican presidential nominee, has staunchly supported Youngkin's commitment to election integrity and expressed his support on a recent occasion. This ongoing legal battle underscores the importance of maintaining electoral integrity while ensuring that every eligible citizen can exercise their right to vote.
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