Wednesday morning Oct. 30, the U.S. Supreme Court overruled lower court rulings; the Supreme Court action allows Gov. Glenn Youngkin (R-VA) to move forward with a voter purge that will impact Election Day Nov. 5.
“Despite clear law and undisputed evidence that the program removes eligible U.S. citizens from the rolls, the Supreme Court overturned two carefully reasoned federal court rulings in our lawsuit challenging Virginia’s illegal voter-purge program,” said Aaron Baird, spokesperson for Protect Democracy.
As a result, Virginia will not have to reinstate purged eligible voters.
“We know this program removes eligible voters,” Baird said. “Virginia has not presented any evidence of noncitizens participating in elections. Because there is none. And it’s actually eligible Virginia voters that have been caught in the middle of this election-subversion scheme.”
This includes people like Nadra Wilson, and other eligible voters removed in the purge. “I was born in Brooklyn, N.Y. — I'm a citizen," Wilson said in an interview with NPR.
Protect Democracy is a nonpartisan group dedicated to preventing democratic decline in the U.S.
On Oct. 7, 2024, Protect Democracy — with plaintiffs the League of Women Voters and the Virginia Coalition for Immigrant Rights, and co-counsel the Campaign Legal Center, the Lawyers Committee for Civil Rights Under Law, and the Advancement Project — sued in response to Youngkin’s Executive Order 35, which created a voter purge program of alleged noncitizens.
A district court ruled that Virginia violated federal law and had to reinstate all 1,600 illegally-purged voters, and the Fourth Circuit denied an emergency stay pending appeal. The order also said the state could still remove noncitizens through individualized review.
These last-minute purges make it harder for citizens to vote. In Virginia, many of the individuals who have been removed from the rolls are eligible voters who were born and raised in the United States, according to the coalition. The same is true in other states.
In the earlier round of this legal challenge, the Virginia Coalition of Immigrant Rights, the League of Women Voters of Virginia and African Communities Together successfully defended naturalized Americans and other citizens who were unfairly targeted in Virginia’s illegal and last-minute purge of voter rolls.
On Friday, Oct. 25, a judge ruled to temporarily halt the program and put purged voters back on the rolls. The plaintiffs are represented by Campaign Legal Center, Protect Democracy Project, Lawyers’ Committee for Civil Rights Under Law, and Advancement Project.
On Sunday the Fourth Circuit Court of Appeals upheld the Friday ruling.
"It should never be illegal to remove an illegal voter," said Virginia Attorney General Jason Miyares. "Yet, today a Court … ordered Virginia to put the names of non-citizens back on the voter rolls, mere days before a presidential election.” The order said the state could remove noncitizens through individualized review.
“Last-minute voter purges not only violate the law but also undermine the core principles of our democracy, especially when they are premised on xenophobic lies,” said Celina Stewart, CEO of the League of Women Voters of the United States.
U.S. Rep. Gerry Connolly wrote to Gov. Glenn Youngkin on Oct. 7, demanding a stop to the purge. “Given the potential for errors in systematic voter purges, the rapid pace of the ongoing purges required by Executive Order 35, and the proximity to Election Day, the Commonwealth must cease any voter purging activities that violate federal law,” Connolly said, also notifying the Justice Department of the issues.
If any voters have questions, call the Election Protection Hotline:
English 866-OUR-VOTE (866-687-8683)
Spanish 888-VE-Y-VOTA (888-839-8682)
Asian Languages 888-API-VOTE (888-274-8683)
Arabic 844-YALLA-US (844-925-5287)