Federal Judge Orders Reinstatement of Virginia Voters Removed by Order

Federal Judge Orders Reinstatement of Virginia Voters Removed from Rolls

A federal judge has ruled in favor of plaintiffs challenging a Virginia program that resulted in the removal of over 1,600 individuals from voter rolls since August. This decision temporarily reinstates these voters as the case continues. The program, initiated by an executive order from Gov. Glenn Youngkin, faced scrutiny for its timing ahead of upcoming elections.

The U.S. Department of Justice has filed a lawsuit against Virginia and the Youngkin administration, alleging the removal of voters too close to the 90-day “quiet period” before Election Day. Voter rights and immigrant advocacy organizations also launched a similar lawsuit, highlighting that those affected may have discrepancies in their Department of Motor Vehicles records, potentially due to errors or changes in citizenship status.

This legal action was brought by the Virginia League of Women Voters and the Virginia Coalition For Immigrants Rights and was the basis for the judge’s decision on Friday.

Judge Patricia Tolliver Giles has mandated that the state collaborate with local registrars to notify affected individuals within five days.

“Let’s be clear about what just happened: only eleven 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,” Gov. Youngkin stated on Friday.

The process involves the DMV providing monthly lists of individuals who did not identify as citizens to the state Board of Elections, which then forwards these lists to local registrars. This procedure was originally established by former Republican state Sen. Ken Cucinelli and signed into law by then-Gov. Tim Kaine, a Democrat.

Gov. Youngkin has defended the legality of the process, emphasizing that it was enacted under a Democratic governor and that he is merely implementing it.

“Today’s injunction on Executive Order 35 is an essential step to have fair and just elections that will permit naturalized citizens to cast their vote in our federal elections without the unfair burden of being forced to re-register,” expressed Jorge Figueredo of Edu-Futuro, a board member of the Virginia Coalition for Immigrant Rights, in a statement.

Attorney General Jason Miyares criticized the ruling, suggesting that Judge Giles was influenced by the DOJ and described the legal challenges as a “shameful, politically motivated stunt.”

The issue extends beyond Virginia, as the DOJ has also initiated legal proceedings against Alabama for similar practices. Republican National Committee chairman Michael Whatley has expressed support for both Youngkin and Miyares in this matter.

Gov. Youngkin and Attorney General Miyares plan to appeal the ruling to the Fourth Circuit Court of Appeals and are prepared to escalate the case to the United States Supreme Court if necessary.