Supreme Court Allows Virginia to Purge Noncitizens from Voter Rolls

On Wednesday, October 30, the United States Supreme Court ruled in favor of Virginia’s program to remove suspected noncitizens from its voter registration rolls ahead of the upcoming election. The decision came as the court dismissed a lower court’s block on the program, permitting the state to continue its effort to prevent noncitizen voting. Republican officials, including Virginia Governor Glenn Youngkin, framed this initiative as essential for election integrity, although the action faced criticism from civil rights advocates and the Biden administration.

The program has drawn sharp political divides. Opponents, including the Virginia Coalition for Immigrant Rights, argue the purge may inadvertently strip U.S. citizens of their voting rights. Evidence presented by civil rights groups suggested that the program had removed over 1,600 individuals, including some eligible voters, which contravenes the National Voter Registration Act’s prohibition on systematic roll purges within 90 days of an election.

Governor Youngkin, a Republican, celebrated the ruling, stating that it supports “common sense and election fairness.” The Virginia program identifies individuals for removal if they mark themselves as noncitizens or leave citizenship questions unanswered on Department of Motor Vehicles forms. However, this approach has raised concerns among voting rights organizations, which worry that errors in record-keeping could disenfranchise legitimate voters, especially those unaware of the purge before Election Day.

Legal advocates argue that the timing of this decision could lead to confusion at polling places, particularly for voters seeking absentee ballots who may be unaware of their registration status. In response to such concerns, Virginia officials highlighted the availability of same-day voter registration, allowing wrongly removed individuals to re-register at the polls by affirming their citizenship status in person.

Opposition groups, including the League of Women Voters of Virginia, criticized the Supreme Court’s decision, emphasizing that it endangers the voting rights of naturalized citizens. Joan Porte, president of the League, noted that the court’s approval may “allow eligible voters to be stripped of their fundamental rights.” The Justice Department echoed this sentiment, citing concerns over eligible citizens potentially losing their voting privileges. 

With this decision, Virginia joins a national debate over election integrity, as the Supreme Court refrains from disclosing which arguments swayed its decision, underscoring a conservative-liberal division over voter access and election security.