A federal judge has ruled that Virginia must restore more than 1,600 voters to the state’s rolls after they were unlawfully removed just weeks before the upcoming election. Judge Patricia Giles granted an injunction against Virginia election officials, supporting the Justice Department’s claim that these registrations were canceled in violation of a 90-day "quiet period" when states are barred from making significant voter roll changes ahead of elections.
“This decision is a significant win," stated Ryan Snow, an attorney from the Lawyers’ Committee for Civil Rights Under Law, which was part of the lawsuit. “All eligible voters removed unfairly will now have the opportunity to vote.”
The removals followed an executive order issued by Virginia Governor Glenn Youngkin, directing election officials to regularly verify voter rolls against DMV records for potential non-citizens. Voting rights advocates argued this process is unreliable, as some legal citizens, such as naturalized immigrants, could be mistakenly flagged. During the case, Justice Department attorney Sejal Jhaveri pointed out that federal law prevents systematic roll changes within 90 days of an election to protect eligible voters from errors that could impede their voting rights.
Judge Giles clarified that while Virginia can remove non-citizens from the rolls, it must be done on a case-by-case basis rather than through the large-scale system the state employed. However, the state attorney general’s office has signaled plans to appeal the decision, with Assistant Attorney General Thomas Sanford noting the strain of restoring these voters just weeks from Election Day.
Virginia Attorney General Jason Miyares criticized the ruling, calling it “a politically motivated decision" and asserting that maintaining non-citizens on the voter rolls undermines election integrity. Governor Youngkin also defended his directive in media, suggesting the Justice Department’s opposition serves partisan interests.
The ruling comes as Alabama faces a similar case, where a federal judge recently ordered the reinstatement of more than 3,200 voters, around 2,000 of whom were found to be lawful citizens.
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