Twenty-six Republican attorneys general have come together in support of Virginia’s petition to the Supreme Court to pause a lower court decision that reinstated the voting rights of 1,600 residents. This move is part of an ongoing legal battle regarding voter roll maintenance and the interpretation of the National Voter Registration Act (NRVA).
The amicus brief filed by the attorneys general argues that the lower court’s ruling is too broad and does not comply with the NRVA’s provision that mandates states to stop any “systematic” voter roll maintenance 90 days before an election. The support from every Republican-led state has brought significant attention to Virginia’s case as the election draws near.
These attorneys general are urging the Supreme Court to grant Virginia’s emergency motion and restore the previous status quo. They emphasize the importance of ensuring that noncitizens do not vote in the upcoming election and challenge the Justice Department’s interpretation of the NVRA protections as overly broad.
In addition, the lawyers argue that Virginia’s voter roll maintenance process is not designed to systematically remove residents from the rolls, contrary to the Justice Department’s claims. Virginia Governor Glenn Youngkin has defended the legality of the removals, citing a 2006 state law that compares the Department of Motor Vehicles’ noncitizens list to the voter registration list. Those without citizenship were given a chance to prove their citizenship before their voter registration was canceled.
Youngkin and Virginia Attorney General Jason S. Miyares have maintained that the removals were individualized and not systematic, as alleged by the Justice Department. They warn that reinstating the affected voters just days before the election could lead to chaos in the voting process.
The amicus brief describes the lower court ruling as an expansive interpretation of the NVRA that raises constitutional questions about federal regulation of voter qualifications. The Republican attorneys general argue that decisions about voter qualifications should be left to the people of Virginia, who have determined that noncitizens are not allowed to vote.
Overall, this case highlights the complexities and legal challenges surrounding voter roll maintenance and the interpretation of election laws. As the legal battle continues, it remains to be seen how the Supreme Court will rule on Virginia’s petition and its implications for the upcoming election.