On Wednesday, in a 6-3 decision, the Supreme Court ruled in favor of Virginia Gov. Glenn Youngkin’s decision to remove nearly 2,000 registered voters from the state’s rolls, after two lower federal courts deemed the purge illegal. At least 1,600 voters will now have to fight to get reinstated—with less than a week to Election Day.
“It was a lawless decision in which the Supreme Court did not explain its decision or rationale,” said Anna Dorman, counsel with voting rights advocacy group Protect Democracy.
Two months ago, Youngkin filed an executive order to purge Virginia’s voter rolls, ostensibly in a quest to prevent “noncitizens” from casting ballots. Since then, his administration has unceremoniously kicked thousands of actual citizens off the rolls, an outcome that advocates and election officials warned Youngkin about before he initiated the program. According to Dorman, most people have had their registration revoked due to simple clerical errors on DMV paperwork.
“There has been no prosecutions of any noncitizen for voting in Virginia in the last 20 years, despite Gov. Youngkin’s Election Integrity Unit searching high and low,” Dorman said. “But if there was, this program wouldn’t stop it. Those people can still just sign an affidavit and vote. So the only people actually being hurt by this are eligible US voters who are confused about whether they’re allowed to vote.”
As I reported last week, a judge with the Fourth Circuit Court of Appeals ruled that Youngkin’s purge violated the National Voter Registration Act, a law that stops states from removing ineligible voters from the rolls within 90 days of the election. On Sunday, an appeals court rep9ortedly upheld that decision, according to the Washington Post.
However, the Supreme Court’s conservative majority has tossed out those rulings, allowing the governor to remove as many voters as he pleases with little to no explanation of the legal reasoning.
Voting rights advocates warn that the court’s actions tie into Donald Trump’s bigger plan to undermine the results of the 2024 election. As my colleague Pema Levy reported, the conspiracy theory surrounding noncitizens voting in the 2024 election was stoked by Trump’s right-wing donors:
So who’s behind the push to make baseless claims of non-citizen voter fraud a bogeyman? According to a new report, the money funding the groups pushing the lie comes from the same stew of rightwing donors backing Trump, his authoritarian agenda, and the judges who enable him.
The non-citizen voting myth, in other words, is coming from the same activists who may seek to weaponize the lie for political gain this November.
“This is just another attempt to launder conspiracy theories and lies in the public consciousness,” said Doman. “They’re repeating these lies so many times that even if people don’t necessarily believe any specific instance, they have a generalized sense that there is something amiss in order to deny the election results, if they don’t go their way.”
If you’ve been removed from Virginia’s rolls, all hope is not lost. Because the state allows same-day voter registration, anyone affected can reinstate their registration before voting, either during the early voting period or on Election Day. All they’d have to do is sign an affidavit confirming their citizenship at their polling location.
However, they must cast those votes in person. If you’re one of the many folks who rely on absentee ballots, then your voting options in Virginia’s elections are nonexistent.
“Anyone who wanted to vote absentee has been who has been purged under this program has been disenfranchised,” said Dorman. “That impacts college students, that impacts disabled individuals, that impacts people who just can’t get time off from work. And I think that that is contrary to the purpose of the National Voter Registration Act, which is the law that we sued under here.”
