Virginia appeals to SCOTUS to reverse judge's ruling putting potential noncitizens back on voter rolls

The appeal came hours after the Fourth Circuit of Appeals upheld a preliminary injunction granted Friday by U.S. Judge Patricia Giles on Friday, which ordered Virginia to halt its process of removing potential noncitizens from its voter rolls and to reinstate all voters that had been removed in the last 90 days.

At issue is a provision in the National Voter Registration Act (NRVA), which requires all states to halt systematic voter roll maintenance for a 90-day "quiet period" before the election. 

In the Supreme Court appeal, Virginia Attorney General Jason S. Miyares objected to the decision on several grounds. First, that the NRVA applies to noncitizens, which he said could render the primary basis for the lawsuit obsolete. 

Even if the NRVA does apply, Miyares argued that the state still has an "individualized process" conducted by the Department of Motor Vehicles and local registration offices. 

The process compared its Department of Motor Vehicles' noncitizens list against its list of registered voters. Those without citizenship were then informed that their voter registration would be canceled unless they could prove their citizenship in 14 days.

Youngkin has insisted the voters were removed legally and is based on precedent from a 2006 state law enacted by then-Gov. Tim Kaine, a Democrat.