The Commonwealth of Virginia filed an emergency stay with the United States Supreme Court on Sunday night, asking that it block a ruling by a Biden-Harris-appointed federal judge barring the state from removing noncitizens from its voter rolls. Late last week, a federal district court ordered the state to halt the removal of over 1,500 individuals who have self-identified as noncitizens from state voter lists.
In 2006, then-Governor Tim Kaine (D-VA) signed legislation allowing the state to remove noncitizens from its voter rolls. Despite being on the books for nearly two decades, the Department of Justice (DOJ) has not challenged that law until now.
The emergency stay request, filed by Virginia Attorney General Jason Miyares (R), is now on the Supreme Court’s docket. Chief Justice John Roberts will likely decide whether the stay request will move forward and be heard by the full court, which could happen within hours.
According to the original lawsuit filed by the Biden-Harris DOJ, removing noncitizen voters from the Virginia voter roll violates Section 8(c)(2) of the NVRA, also known as the Quiet Period Provision. This provision “requires states to complete systematic programs aimed at removing the names of ineligible voters from voter registration lists no later than 90 days before federal elections,” the DOJ contends.
However, Gov. Glenn Youngkin (R-VA) counters that the state law has been in force since 2006 and that the state’s same-day registration rules allow any potential legal voter caught up in the noncitizen removals to cast a provisional ballot on election day. “Virginians—and Americans—will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy,” Youngkin said, blasting the DOJ lawsuit.