Supreme Court allows Virginia to purge voter rolls ahead of the election

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Virginia’s emergency petition, stemming from lawsuits by the Department of Justice and advocacy groups, argues that Judge Patricia Tolliver Giles’ Oct. 25 order is overly broad and unfairly applied the NVRA to noncitizens, who are not considered “eligible voters” under federal law. Virginia claims that the NVRA’s protections apply exclusively to citizens, making the 90-day rule irrelevant to its removal of noncitizens.

Virginia voter roll purge : Advocacy Groups Challenge Purcell Doctrine Claim

Judge Giles’ ruling also drew on the Purcell v. Gonzalez doctrine, which discourages federal court decisions that alter voting rules close to elections. Virginia contested this, claiming the doctrine shouldn’t apply since the purge was an executive order adjustment, not a direct change to state law. Advocacy groups, however, argue the program introduced uncertainty and violated the NVRA’s intent, thus making the Purcell doctrine inapplicable.

Virginia’s Roll Purge Program Faces Scrutiny Amid Secrecy Allegations

Virginia’s program has come under fire for allegedly operating with minimal transparency. Advocates have pointed to a lack of safeguards to confirm that purges do not remove citizens mistakenly flagged as noncitizens. The DOJ and other advocacy groups argue that, without adequate checks, the voter roll purge program threatens to undermine the integrity of the voter registration process.

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