October 30, 2024

STATEMENT: U.S. Supreme Court Allows Purging of 1,600 Registered Virginia Voters Days from 2024 Election

U.S. Supreme Court Intervenes in Lower Court Ruling Restoring Some 1,600 Virginia Voters Purged by Executive Order Within 90 Days of Federal Election

CHICAGO, IL — On August 7, 90 days before the 2024 election, Virginia Governor Glenn Youngkin signed an executive order expediting the removal of a mix of eligible voters and potential non-citizens from the state’s voter rolls. In October, the the Justice Department and advocacy groups sued the state of Virginia, arguing that some eligible voters were purged by the executive order, and that the order violated the NVRA’s mandated 90-day “quiet period” barring systematic removals from the rolls 90 days prior to an election. A federal district court ordered Virginia to restore the 1,600 voter registrations, and the 4th Circuit Court of Appeals upheld that order. The state of Virginia then appealed to the U.S. Supreme Court.

This morning, less than one week away from Election Day, the U.S. Supreme Court issued an emergency stay that paused a lower court ruling that would have stopped the state of Virginia from purging some 1,600 registered Virginia voters from state rolls. The Supreme Court ruled in favor of the state purging the impacted registered voters 6-3, along ideological lines.

“Over the past few years, the Virginia executive branch had the opportunity to ensure voter roll list maintenance was a priority to prioritize accurate and up-to-date data. A last-minute executive order resulting in purging eligible voters from the rolls simply makes things harder for the local officials working to keep our election process secure. Further, there is no reason for the U.S. Supreme Court to intervene by emergency order just days from a major federal election, let alone on the side of potentially disenfranchising eligible voters,” said Sam Oliker-Friedland, executive director of the Institute for Responsive Government.

“All eligible Virginia voters who are wrongfully purged from the state’s rolls due to this irresponsible ruling by the Supreme Court should utilize Virginia’s same-day registration system to cast a provisional ballot on Election Day, so they can make their voices heard,” Oliker-Friedland added.

Same-day registration is the best remaining option for purged and eligible Virginia voters to exercise their right to vote in the 2024 election, as they have missed the 14-day deadline to respond to the purge letter with affirmation of citizenship.

To speak with Sam Oliker-Friedland, executive director of Responsive Gov, or Edgardo Cortes, first Virginia Commissioner of Elections and Responsive Gov fellow, please contact dan@responsivegov.org.

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