With only days left until the election, it’s not the time for any sudden moves. But that’s exactly what has sprung up.
And now a federal judge handed Trump a loss with devastating consequences for the election.
A federal judge issued an order Friday stopping Virginia from removing potential non-citizens from state voter rolls, which could restore voting rights for about 1,600 residents ahead of Election Day.
Virginia Governor Glenn Youngkin responded swiftly, telling Fox News that his administration is seeking an emergency stay from the Fourth Circuit Court of Appeals to block the injunction, which he noted came just 11 days before the election.
Youngkin also pledged to appeal the ruling up to the U.S. Supreme Court if necessary.
“This is a stunning ruling by a federal judge who is ordering Virginia to reinstate individuals who have self-identified as noncitizens back on the voter rolls,” Youngkin remarked in a phone interview with Fox News shortly after the judge’s decision.
The injunction was granted by U.S. Judge Patricia Giles, who ordered the reinstatement of all voters removed from the rolls in the last 90 days, concluding that the removals were “systematic” rather than “individualized,” which she argued violates federal law.
Judge Giles also expressed concern that Virginia’s voter roll maintenance was mistakenly flagging eligible voters.
“This process has resulted in eligible voters having their voting registration flagged,” Giles said, issuing the preliminary injunction.
While Giles acknowledged the importance of removing ineligible voters, she emphasized that “it is also in the public interest for states to comply with federal law, particularly the right to vote.”
This ruling follows a recent lawsuit filed by the Department of Justice (DOJ) against Virginia, contending that the state’s voter roll purge was conducted too close to the Nov. 5 election, violating the National Voter Registration Act.
The Act mandates a 90-day “quiet period” before elections to prevent large-scale voter roll maintenance that might inadvertently exclude eligible voters. DOJ officials also cited concerns that voters may have been wrongly removed without adequate notice or time to correct any errors.
“States may remove names from official lists of voters in various ways and for various reasons, but they may not carry-on this kind of systematic removal program so close to a federal election,” DOJ officials argued in their lawsuit filed on Oct. 11.
Governor Youngkin, who has pushed back strongly against the ruling, authorized the removal process in an executive order he signed in August.
This order permitted daily updates to voter rolls by cross-referencing the state’s Department of Motor Vehicles noncitizens list with registered voters.
Noncitizens flagged through this system were notified that their voter registration would be canceled unless they could verify citizenship within 14 days.
Youngkin defended the legality of the process, pointing to a precedent set by a 2006 state law under then-Governor Tim Kaine, a Democrat.
He argued that the removals were not systematic but instead involved an “individualized process” that determined each case based on specific notifications and proof requirements for noncitizens.
“This is a stunning ruling by a federal judge who is ordering Virginia to reinstate individuals who have self-identified as noncitizens back on the voter rolls,” Youngkin reiterated on Fox News, stressing his opposition to a court decision impacting elections with such short notice before Election Day.
Stay tuned to the DC Daily Journal.
