The US Supreme Court issued an order on Wednesday permitting the state of Virginia to continue to remove voters from its election rolls with just five days until the federal election.
The US Department of Justice (DOJ) filed the lawsuit against Virginia in early October, alleging that since the state has been removing voters so close to the federal election, it violates the National Voter Registration Act (NVRA).
The DOJ argues the state’s actions violate the “quiet period” provision specifically under the NVRA, which requires states to “complete systematic programs” to remove ineligible voters “no later than 90 days before federal elections.” The DOJ reasons the quiet period provision is important because it minimizes errors that can confuse or deter voters. It also gives voters more time to understand their rights and respond.
Virginia Governor Glenn Youngkin issued an executive order in early August, which began the state’s program to purge its election rolls within the 90-day period before the election. Among the individuals removed are people who are ineligible to vote or who cannot verify they are citizens to the Department of Motor Vehicles.
The DOJ sought declaratory or injunctive relief for Virginia to comply with the NVRA. A federal district court granted a preliminary injunction on behalf of the DOJ to enjoin the program before the federal election. On appeal, the US Court of Appeals for the Fourth Circuit refused to revive the program pending the appeal decision. Virginia election officials then filed an emergency application for stay on Sunday, which the Supreme Court has granted in this order.
The emergency application to stay specified how since the program targets the removal of noncitizens and other ineligible voters, the quiet period provision does not apply. Instead, state election officials argue the provision only applies to “eligible applicant[s],” which does not include noncitizens.
In a statement regarding the DOJ’s position in the lawsuit, Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division explained:
By cancelling voter registrations within 90 days of Election Day, Virginia places qualified voters in jeopardy of being removed from the rolls and creates the risk of confusion for the electorate. […] The right to vote is the cornerstone of our democracy and the Justice Department will continue to ensure that the rights of qualified voters are protected.
Governor Youngkin shared a statement on the Supreme Court ruling:
We are pleased by the Supreme Court’s order today. This is a victory for commonsense and election fairness. […] Clean voter rolls are one important part of a comprehensive approach we are taking to ensure the fairness of our elections.
While this order allows the Virginia election officials to continue removing voters, a final judgement on the validity of the state’s actions has not been rendered. That decision will be handed down by the Court of Appeals for the Fourth Circuit.