Governor Glenn Youngkin and Attorney General Jason Miyares on Friday vowed to appeal after a federal judge ordered Virginia to restore about 1,500 noncitizens to the commonwealth’s voter rolls.
U.S. District Judge Patricia Trolliver Giles, an appointee of President Joe Biden, announced her decision after the Biden-Harris Department of Justice (DOJ) sued to force Virginia to restore the noncitizen voters, alleging the commonwealth violated the National Voter Registration Act by removing them so close to an election.
While the law prevents states from cleaning their voter rolls shortly before an election, Youngkin and Miyares argued the noncitizens were included in error after obtaining a driver’s license in the commonwealth, when most of the the noncitizen voters signed paperwork specifically stating they are not United States citizens and are ineligible to vote as a result.
Miyares said in a statement posted to the social media platform X, “It should never be illegal to remove an illegal voter,” and called the DOJ lawsuit a “shameful, politically motivated stunt,” and warned the action represents the willingness of the Biden-Harris administration to weaponize federal agencies against their political opponents.
“More concerning is the open practice by the Biden-Harris administration to weaponize the legal system against the enemies of so-called progress,” said Miyares.
Attorney General Miyares Releases Statement on Court Ruling Regarding Non-Citizens On Voter Rolls
It should never be illegal to remove an illegal voter. Yet, today a Court – urged by the Biden-Harris Department of Justice – ordered Virginia to put the names of non-citizens back…— Jason Miyares (@JasonMiyaresVA) October 25, 2024
“That is the definition of lawfare,” he stated. “To openly choose weaponization over good process and lawfare over integrity isn’t democracy: it’s bullying, pure and simple, and I always stand up to bullies.”
Miyares confirmed, “The Commonwealth of Virginia will appeal this decision – all the way to the Supreme Court, if necessary.”
His statement followed a condemnation from Youngkin, who called the decision “stunning” and “astounding” during an appearance on Fox News, and stated earlier, “Almost all these individuals had previously presented immigration documents confirming their noncitizen status, a fact recently verified by federal authorities.”
Sharing Miyares’ promise, the governor similarly stated, “Virginia will immediately petition the Fourth Circuit Court of Appeals and, if necessary, the U.S. Supreme Court, for an emergency stay of the injunction.”
It's stunning that, just 11 days before the presidential election, a federal judge is ordering Virginia to reinstate individuals who have self-identified as noncitizens on the voter rolls. Virginia is prepared to take this to the U.S. Supreme Court if needed! pic.twitter.com/fyjlWBUlnQ
— Glenn Youngkin (@GlennYoungkin) October 25, 2024
As Youngkin and Miyares appeal the decision, they are already receiving support from Mike Davis, who is sometimes floated as a possible attorney general pick should former President Donald Trump regain the White House.
In a post to X, Davis called the Biden-Harris DOJ’s interpretation of the National Voter Registration act as “absurd.”
“Now U.S. District Judge Patricia Giles, a Biden appointee, just ordered noncitizens back onto Virginia’s voter rolls right before the election. This is a federal crime,” said Davis. “The Supreme Court must fix this immediately.”
The Biden-Harris DOJ received its favorable ruling after it announced the legal action over the removal of noncitizens from Virginia’s voter rolls on October 11.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].