US Supreme Court Approves Virginia's Removal of Noncitizens from Voter Rolls

Supreme Court Grants Virginia's Request

The US Supreme Court has given Virginia officials the green light to proceed with the removal of approximately 1,600 alleged noncitizens from the state's voter rolls. This decision grants the state officials' request to put on hold a lower court order that had previously blocked Virginia from continuing a systematic voter removal program initiated in August.

The order, which was approved by a 6-3 vote, stated, "The application for stay presented to The Chief Justice and by him referred to the Court is granted. The October 25, 2024 order of the United States District Court for the Eastern District of Virginia ... is stayed pending the disposition of the appeal in the United States Court of Appeals for the Fourth Circuit..."

Details of the Case

The application was filed in the case known as Beals v. Virginia Coalition for Immigrant Rights. The lead applicant, Susan Beals, is Virginia’s Commissioner of Elections. Chief Justice John Roberts, who oversees emergency litigation from Virginia, was the one to whom the application was directed.

The U.S. Court of Appeals for the Fourth Circuit had unanimously found on Oct. 27 that removing the names from the voter rolls within 90 days of an upcoming federal election seems to contravene the National Voter Registration Act. Federal elections are scheduled for Nov. 5.

Virginia's Argument and the Fourth Circuit's Response

Virginia argues that the legal provision is not applicable because the names being removed are not those of U.S. voters. However, the Fourth Circuit countered this argument, stating that it "violates basic principles of statutory construction by focusing on a differently worded statutory provision that is not at issue here and proposing a strained reading of the Quiet Period Provision to avoid rendering that other provision absurd or unconstitutional."

The circuit court further explained that such an interpretation would be problematic because it would give the words “voters” and “registrant” an identical meaning. The court also noted that Virginia had not demonstrated its appeal was likely to succeed or that it would suffer irreparable harm should the appeal be denied.

Implications of the Ruling

U.S. District Judge Patricia Tolliver Giles had previously ruled that Virginia was still free to cancel the voter registration of noncitizens individually or to investigate “noncitizens who register to vote or who vote in Virginia’s election.” This ruling only applies to Virginia’s “systematic” effort to remove noncitizens that began after Aug. 7.

Bottom Line

The Supreme Court's decision to allow Virginia to proceed with its removal of noncitizens from its voter rolls has potential implications for voter registration processes and the interpretation of the National Voter Registration Act. What are your thoughts on this ruling? Do you believe it is a fair decision? Feel free to share this article with your friends and engage in a discussion. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.