A federal judge ordered Virginia officials Friday to restore more than 1,600 voter registrations canceled under a program established by Republican Governor Glenn Youngkin, ruling that the state's removal process violated federal election law just 11 days before the presidential election.
U.S. District Judge Patricia Tolliver Giles issued a preliminary injunction blocking Virginia from continuing its systematic voter removal program and requiring election officials to reinstate affected registrations.
The decision follows lawsuits brought by the U.S. Department of Justice and voting rights organizations, which argued that Virginia's program risked removing eligible American citizens from the voter rolls.
Governor's Executive Order Under Scrutiny
On August 7, Youngkin signed an executive order directing state election officials to conduct daily reviews of voter registration records to identify suspected noncitizens.
The process relied partly on information from Virginia's Department of Motor Vehicles.
But citizenship information collected during a driver's license application may be outdated or incorrect. Individuals who were previously noncitizens may have since become naturalized Americans, while others may have made mistakes when completing paperwork.
Voting rights advocates argued that the program placed eligible voters at risk of losing their registrations without sufficient verification.
Federal Law Prohibits Last-Minute Voter Purges
The National Voter Registration Act prohibits states from conducting systematic programs to remove ineligible voters within 90 days of a federal election.
The provision is intended to prevent large-scale registration changes when affected voters may have little time to correct errors.
Youngkin's executive order was issued on August 7, the beginning of that 90-day period.
Judge Giles ordered Virginia to halt the program and restore registrations canceled under it, with limited exceptions permitted under federal and state law.
The ruling does not prohibit officials from investigating suspected illegal voting or removing ineligible voters through appropriate individualized procedures.
Virginia Must Notify Affected Voters
Under the court's order, Virginia must notify affected individuals that their registrations have been restored.
Election officials must also take steps to ensure local registrars and poll workers understand the changes so reinstated voters can cast regular ballots without additional documentation.
The Justice Department welcomed the ruling, maintaining that voter list maintenance must comply with federal law.
Youngkin Promises to Appeal
Youngkin criticized the decision and announced that Virginia would appeal.
The governor argues that his administration is enforcing existing election laws designed to prevent noncitizens from voting.
Virginia officials maintain that protecting election integrity requires removing people who are not legally eligible to participate.
Voting rights groups counter that such efforts cannot disregard federal safeguards or jeopardize the registrations of eligible citizens.
Voting Rights at Stake Before Election Day
The ruling arrives as millions of Americans are already casting early ballots in the November 5 presidential election.
Although states have a responsibility to maintain accurate voter rolls, federal law also establishes protections against systematic removals immediately before an election.
For the more than 1,600 Virginians affected by the disputed program, Friday's order could determine whether their names appear on the registration rolls when they arrive to vote.
With Election Day less than two weeks away, the court has ordered Virginia to restore the affected registrations while the legal dispute continues.
