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EXCLUSIVE TO FOX: On Monday, Virginia was joined by twenty-six Republican attorneys general in a concerted effort to petition the Supreme Court to overturn a lower court ruling that reinstated voting rights for 1,600 individuals.
The amicus brief supports Virginia’s argument that the ruling is excessively broad and lacks legal standing under the National Voter Registration Act (NVRA), which mandates states to cease all “systematic” voter roll maintenance 90 days prior to an election. This coalition of Republican-led states has garnered significant attention as elections approach.
In their brief, the attorneys general requested that the court approve Virginia’s emergency motion and “reinstate the previous conditions,” emphasizing that this action would align with legal requirements and allow Virginia to prevent noncitizen voting in the upcoming election.
The states also expressed their support for Virginia’s stance against what they perceive as an overly expansive interpretation of NVRA protections by the Justice Department.
Furthermore, they contended that Virginia’s existing law was not intended for “systematic” removal of residents from voter rolls, contrary to claims made by Justice Department officials in their recent lawsuit.
The Justice Department had asserted that these removals occurred too close to the November 5 elections and breached NVRA’s “quiet period.” A federal judge in Alexandria agreed with this perspective, ordering those affected back onto voter rolls—a decision later upheld by the Fourth Circuit Court of Appeals.
PIVOTAL RULING ON MAIL-IN BALLOTS IN SWING STATES
Swing-State Supreme Court Issues Pivotal Ruling on Mail-In Ballots Sent Without Postmark
The amicus brief characterizes this ruling as a “far-reaching interpretation of NVRA,” suggesting it transforms a procedural statute into substantive federal regulations regarding voter qualifications—an interpretation raising serious constitutional concerns about NVRA itself.
Virginia Governor Glenn Youngkin has maintained that these voters were removed lawfully based on established procedures from a state law enacted in 2006 during Tim Kaine’s governorship—a Democrat at that time.
This process involved comparing lists from the state Department of Motor Vehicles identifying noncitizens against registered voters. Those identified without citizenship were notified they would lose their registration unless proof of citizenship was provided within fourteen days.
CLOSING ARGUMENTS FROM VIRGINIA OFFICIALS
Youngkin and Attorney General Jason S. Miyares have argued against claims made by lower courts stating these removals were systematic rather than individualized as alleged by Justice Department representatives earlier this month.
They cautioned that reinstating these individuals just before an election could lead to significant disruptions within the voting process—an assertion echoed by other Republican states supporting Monday’s filing.
Youngkin Vows to Appeal ‘to SCOTUS’ After US Judge Orders 1,600 Voters Back on Ballot
“This Court should dismiss Respondents’ attempt at altering rules mid-election cycle and restore previous conditions,” they stated firmly. “The Constitution delegates decisions regarding voter qualifications solely to Virginians who have determined noncitizens are not eligible voters.”
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