As a result of the ruling issued by Biden-appointed Judge Patricia Tolliver Giles, Virginia counties must restore to the commonwealth’s voter rolls approximately 1,600 individuals whose registrations were canceled or marked as inactive. The ruling also instructs Virginia to notify everyone whose registration was removed under the program within the next five days.
Giles held a hearing on Thursday in a set of consolidated lawsuits from the U.S. Department of Justice (DOJ) and pro-voting groups alleging that Youngkin’s purge program violates the federal National Voter Registration Act (NVRA).
The NVRA imposes a “quiet period” within 90 days of a federal election that prohibits the systematic removal of voters from state registration lists. But exactly 90 days prior to the Nov. 5 general election, Youngkin announced an executive order requiring Virginia’s elections commissioner to regularly remove individuals “identified as non-citizens” who haven’t responded to a request to verify their citizenship within 14 days.
Giles agreed with the plaintiffs that the challenged purge program is at odds with the NVRA’s 90-day quiet period and that it amounted to a systematic — as opposed to individualized — removal of voters.
The contested voter purge program further directed counties to refer individuals who were removed due to alleged noncitizenship to the Virginia attorney general’s office for criminal investigation and potential prosecution. Giles’ ruling puts a stop to these investigations through the upcoming election.
