A President Joe Biden-appointed federal judge has just ordered officials in Virginia to restore hundreds of non-citizens from the state’s voter rolls before Election Day.
Virginia has removed 1600 non-citizens from the rolls who had illegally registered to vote in America’s presidential election.
On Friday, Judge Patricia Giles issued a preliminary injunction to reinstate all of the illegal voters that had been removed in the last 90 days.
The judge ruled that the removals had been “systematic,” not individualized, and therefore, a violation of federal law.
In issuing the injunction, Judge Giles argued that the non-citizen voters were mistakenly removed from the rolls.
“This process has resulted in eligible voters having their voting registration flagged,” she said.
Giles concurred it is “undoubtedly in the public interest for ineligible voters to be removed.”
However, she noted it is also in the public interest “for states to comply with federal law particularly the right to vote.”
The news comes just weeks after the Biden-Harris administration’s Department of Justice (DOJ) sued Virginia over its program.
The DOJ argues that the removals were conducted too close to the November 5 elections.
The Department also claims that the removals of non0-citizens violate the National Voter Registration Act– a federal law that requires states to halt all systematic voter roll maintenance for a 90-day “quiet period” before an election.
DOJ officials also cited concerns that eligible votes may have incorrectly been removed from the rolls without adequate notice, or enough time to correct the mistake.
In filing their October 11 lawsuit, DOJ officials wrote:
“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.”
The injunction has sparked fierce, immediate pushback from Republican Gov. Glen Youngkin.
The governor has insisted the voters were removed legally and has himself objected to a court ruling less than two weeks before a federal election.
During a telephone statement on Fox News shortly after the judge’s decision was announced, Youngkin said:
“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.”
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At issue was an executive order signed by Youngkin in August.
The order authorized the state to conduct “daily” updates to its voter rolls.
The order allowed the state to compare its Department of Motor Vehicles non-citizens list against its list of registered voters.
Those without citizenship were then informed that their voter registration would be canceled unless they could prove their citizenship in 14 days.
Gov. Youngkin has insisted the voters were removed legally and is based on precedent from a 2006 state law enacted by then-Governor Tim Kaine, a Democrat.
Youngkin previously defended the state’s system, which he insisted is not systematic.
Instead, the state uses an “individualized process” to determine and notify potential non-citizens that they had been included on the voter registration list, and without further action, would be removed.
On Friday, he expressed new concerns with the timing of the decision.
Youngkin noted that the Biden judge handed down the ruling just 11 days before Election Day.
The governor said the state will “immediately” petition for an injunction to block the order.
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