A recent decision by the 4th US Circuit Court of Appeals has upheld a lower court ruling that blocked a Virginia purge program designed to remove suspected noncitizens from the voter rolls. The program was found to likely violate a federal law prohibiting 'systematic' removals within 90 days of an election.
This ruling paves the way for a potential Supreme Court battle over the purge program, with early voting already underway in Virginia. Republicans, including former President Donald Trump, have highlighted this case as they raise concerns about noncitizen voting, despite it being a rare occurrence.
The court's order allows Virginia officials to continue preventing noncitizen voting through individualized actions or by prosecuting any noncitizen who attempts to vote illegally.
US District Judge Patricia Tolliver Giles, appointed by President Biden, had previously instructed election officials to reinstate the registrations of approximately 1,600 individuals who were removed during the 90-day 'quiet period.' These removals were based on individuals self-identifying as noncitizens during DMV interactions or government database records indicating non-citizenship.
The crux of the legal dispute revolves around whether Virginia's approach constitutes a 'systematic' purge program prohibited by the 1993 National Voter Registration Act. Critics argue that such programs risk disenfranchising eligible voters along with ineligible ones. Shortly after receiving the list of purged voters, plaintiffs confirmed that at least 18 individuals were wrongly identified as noncitizens and were, in fact, eligible to vote.
