Virginia’s recent struggle with non-citizen voting has highlighted serious flaws in the state’s voter registration process. After a federal judge ruled on October 25, 2024, that Virginia unlawfully removed more than 1,600 residents from the voter rolls, many are now questioning the state’s procedures and the implications for eligible voters.
U.S. District Judge Patricia Giles granted an injunction requested by the Justice Department, which contended that these voter registrations were improperly canceled during a 90-day quiet period before the November election—a time when states are generally prohibited from implementing significant changes to their voter rolls. Ryan Snow, a lawyer with the Lawyers’ Committee for Civil Rights Under Law, emphasized the ruling’s importance, stating, “The ruling is a big victory. All of the eligible voters who were wrongfully purged from the voter rolls will now be able to cast their ballots.”
The controversy began when Virginia’s Republican Governor, Glenn Youngkin, enacted an executive order on August 7, requiring election officials to conduct daily checks of voter rolls against DMV records to identify non-citizens. However, voting rights advocates have raised concerns that this approach is flawed. They argue that such comparisons can lead to inaccuracies, as individuals who have become naturalized citizens may still be mistakenly flagged, or those who unintentionally select the wrong option at the DMV could face disenfranchisement.
Despite the judge’s ruling, Thomas Sanford from the Virginia Attorney General’s office indicated the state plans to appeal, asserting that the registrations in question were removed following careful procedures. During the court proceedings, state attorney Charles Cooper argued against the federal law’s intent to protect non-citizens, claiming it was never meant to safeguard individuals who aren’t eligible to vote.
However, representatives from the Justice Department and other organizations, such as the League of Women Voters, highlighted that many of those purged were likely citizens affected by administrative errors. Sejal Jhaveri, a Justice Department attorney, pointed out that federal law aims to prevent eligible voters from being removed during the critical pre-election period.
While Judge Giles confirmed that the state could still remove non-citizens during this timeframe, she emphasized that it must be done on an individual basis, rather than through an automated system. Cooper acknowledged that some of the purged voters might indeed be citizens, yet he raised concerns about the possibility of allowing non-citizens back onto the rolls, suggesting it could dilute the votes of legal citizens.
With the election looming, state officials insisted that anyone flagged as a non-citizen received notification and had the opportunity to contest their removal. Nevertheless, the plaintiffs argued that significant numbers of eligible voters suffered from misidentification, leading to their wrongful removal.
In light of these events, Governor Youngkin has questioned the Justice Department’s motives, suggesting that allowing non-citizens on voter rolls is unacceptable. Former President Donald Trump also weighed in, reiterating unfounded claims of electoral fraud and criticizing the judicial response.
Following the hearing, Virginia’s Republican Attorney General Jason Miyares expressed discontent, stating, “It should never be illegal to remove an illegal voter.” He characterized the ruling as politically motivated, asserting that the Justice Department’s actions pose a threat to Virginia’s electoral integrity.
With nearly six million Virginians registered to vote, the case underscores the critical need for reliable voter registration systems—and raises broader questions about electoral integrity in the lead-up to the election. A similar case in Alabama resulted in the restoration of voting rights for over 3,200 residents erroneously deemed ineligible, indicating that these issues are not isolated to Virginia.
