A recording of a press conference on this matter can be found here.
Washington, DC—Immigrant rights and voting rights organizations are disappointed and alarmed the United States Supreme Court has allowed Virginia Governor Glenn Youngkin to wrongfully remove qualified voters from the rolls less than one week before the election. This misguided ruling puts over 1600 Virginia voters at risk of being disenfranchised based on unreliable data without any individualized investigation, a clear violation of the National Voter Registration Act (“NVRA”).
The Lawyers’ Committee for Civil Rights Under Law, Campaign Legal Center, Protect Democracy Project, and Advancement Project filed suit on behalf of plaintiffs Virginia Coalition for Immigrant Rights, the League of Women Voters of Virginia, and African Communities Together.
“The Supreme Court’s decision to block the reinstatement of more than 1,600 registered Virginia voters who were unlawfully purged on the eve of a critical election is an alarming setback for our democracy. This ruling undermines the fundamental right to vote and disproportionately impacts new American voters, who are disproportionately Black and Brown,” said Damon Hewitt, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. “It is also an effort to sow confusion and intimidation among voters about whether they can participate. Voter suppression in any form is unacceptable. And the Supreme Court is now complicit in voter suppression in Virginia.
Hewitt continued, “The Lawyers’ Committee will continue to stand with every eligible voter as we defend their right to participate fully and freely in our democracy. We urge voters to contact our nonpartisan Election Protection voter information hotline at 866-OUR-VOTE to be informed, make a plan, and cast their vote. Now, more than ever, the future of our democracy depends on it.”
“Voting is a sacred privilege only afforded to U.S. citizens. Governor Youngkin and Attorney General Miyares’s efforts to target naturalized citizen voters yielded the disenfranchisement of both natural born citizens and naturalized citizens,” Monica Sarmiento, Executive Director of the Virginia Coalition for Immigrant Rights (“VACIR”), said. “We are deeply disappointed that the vicious voting rights attacks from the Governor and Attorney General have been permitted to prevail. It is a dangerous occurrence when lawful U.S. citizens are carelessly removed from the voter rolls. Although we did not win this battle, VACIR will continue to fight for the right of eligible U.S. citizens to vote.”
“This ruling is devastating for Virginia voters, effectively allowing eligible voters to be stripped of their fundamental rights just before a federal election,” said Joan Porte, president of the League of Women Voters of Virginia. “By permitting these voter purges, the court jeopardizes the integrity of our elections and silences the voices of voters. The League of Women Voters of Virginia will continue to fight for voters across our state and advocate pro-voter policies to ensure our democracy is fair for everyone.”
“To say this decision is a disappointment is an understatement. The Supreme Court just ignored a key provision of the National Voter Registration Act and the clear fact that Virginia purged eligible voters on the eve of the election,” said Ryan Snow, Counsel with the Lawyers’ Committee for Civil Rights Under Law. “The list of purged voters includes both new citizens and people born in the U.S., all of whom have the same sacred right to vote. The decision to block the district court’s order stopping this purge is a blow to the many eligible Virginian voters who were unlawfully purged and will now face uncertainty about their ability to cast a ballot that will be counted.”
“Today’s ruling is not only a disappointment but it further validates the attacks on voter rights across the country at a critical time for our country, when the voices of our communities are being drowned out by racist and xenophobic rhetoric,” Solomon Ayalew, DMV Chapter Director of African Communities Together (“ACT”), said. “ACT will continue to fight for the rights of voters and do everything we can to ensure naturalized citizens, who have had their right to vote challenged and have been casualties in this systematic removal, are heard.”
“The League is incredibly disappointed in this decision,” said Caren Short, director of legal and research at the League of Women Voters of the United States. “The Supreme Court should protect voters from disenfranchisement, but instead they are allowing an illegal purge of eligible voters days before a federal election. Every voter has the fundamental right to participate in our democracy, and this ruling allows that fundamental right to be stripped away based on xenophobic lies. The League of Women Voters will never cease in our fight to protect the rights of all voters.”
“The ruling today is disappointing and a loss for eligible voters, and only underscores the fact that a major political movement has invested so much in a dangerous strategy to discredit and undermine our electoral process,” Anna Dorman, Counsel at Protect Democracy, said. “We’re watching the harms incurred by that strategy play out right now in real time in states across the U.S., as thousands of eligible voters’ right to participate in our democracy is being questioned and is in limbo.”
“The Supreme Court allowing Virginia to engage in a last-minute purge that includes many known eligible citizens in the final days before an election is outrageous,” said Danielle Lang, Campaign Legal Center’s Senior Director on Voting Rights. “But the voters will decide this election, not the courts, and CLC will continue to fight alongside Virginians to ensure that they are able to participate in our democracy. Eligible Virginia voters should know that regardless of this purge they can register to vote on Election Day and cast their ballots.”
“The Supreme Court’s ruling today is a huge loss for Virginia voters. The court’s decision allows the last-minute illegal purging of eligible voters who are now at risk of being disenfranchised in Tuesday’s election.” said John Powers, Director of the Power and Democracy Program at Advancement Project. “Ensuring that every eligible voter can vote is a bedrock of our democracy. We will continue to fight for free, fair, and accessible elections for every voter.”
Any eligible voter can use Virginia’s Same Day Registration process to vote in person at Early Voting locations through this Saturday, November 2, or at their polling place on Election Day. The voter will fill out a Same Day Registration form affirming their eligibility, and cast a provisional ballot that will be counted once election officials confirm their eligibility. The plaintiffs and legal groups will be working together with community partners and the nonpartisan Election Protection coalition to ensure that eligible voters who were purged are able to use the Same Day Registration process and that their ballot is counted.
Any voters with questions, including on how to use Virginia’s Same Day Registration process, should call or text the Election Protection Hotline at 866-OUR-VOTE, or call one of the bilingual Election Protection hotlines at 888-VE-Y-VOTA (Spanish); 844-YALLA-US (Arabic); or 888-API-VOTE (Bengali, Cantonese, Hindi, Korean, Mandarin, Punjabi, Tagalog, Urdu, Vietnamese). Voters can also learn more and check their registration status at VOTE411.org.
Background:
Plaintiffs filed their response to Virginia’s application for an emergency stay with the Supreme Court on October 29, 2024. Read the brief here.
Former members of Congress, several of whom helped draft and pass the NVRA, also filed an amicus brief against the voter purge, saying “the daily systematic removal program recently undertaken by Applicants is precisely what the NVRA’s Quiet Period Provision forbids. It is not a close case; it is instead a paradigmatic violation of Congress’s design.”
The lawsuit called on the court to do the following:
- Declare the Purge Program violates the National Voter Registration Act of 1993
- Order Defendants to stop the Purge Program
- Order Defendants to instruct local officials to reinstate to the voter rolls anyone removed through the Purge Program, except those who confirmed they are not a citizen, and ensure they can cast a regular ballot.
- Order Defendants to notify affected voters that they remain registered and can cast a regular ballot if they are eligible.
The United States Department of Justice (DOJ) filed its own lawsuit on October 11, alleging Virginia’s Purge Program is systematically removing voters from the rolls within 90 days of a federal election, in violation of the National Voter Registration Act.
