The Virginia voting case was baked by all the Republican AGs
FIRST ON FOX: Twenty-six Republican lawmakers joined Virginia on Monday in urging the Supreme Court to halt a lower court ruling that restored voting rights to 1,600 citizens.
The amicus supports Virginia's argument that the ruling is overbroad and invalid under the provisions of the National Voter Registration Act (NRVA), which mandates a halt to all “systematic” voter registration 90 days before an election. It is now supported by every Republican-led US state, giving it extra attention in the last period before the election.
In an amicus brief, the attorneys general urged the court to grant Virginia's emergency motion and “restore the status quo,” noting that doing so would “conform to the law and enable Virginia to ensure that non-citizens do not vote in future elections.”
The states also joined Virginia in opposing the Justice Department's reading of the NVRA's protections, which they said was overly broad.
In addition, they said, Virginia's current law was not designed to “systematically” remove citizens from voter rolls, as Justice Department officials said in their lawsuit earlier this month.
The Justice Department had argued that the removal was done too close to the Nov. 5 election and violated the “quiet period” requirement under the NVRA. The dispute was upheld by a federal judge in Alexandria, who ordered the affected voters to return to the rolls, and upheld by the Fourth Circuit Court of Appeals.
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In an amicus brief, the attorneys described the decision as “a sweeping interpretation of the NVRA” that “transforms the procedural rule into federal regulation of voter qualifications in elections—an interpretation that could raise important questions about the constitutionality of the NVRA itself.”
Virginia Gov. Glenn Youngkin emphasized that voters were removed legally and that the removal process was based on the precedent of the 2006 state law passed by then-Gov. Tim Kaine, Democrat.
That process compared the state Department of Motor Vehicles' list of non-citizens with its list of registered voters. Those without citizenship were then told that their voter registration would be canceled unless they could prove their citizenship within 14 days.
Youngkin and Virginia Attorney General Jason S. Miyares argued that the lower court's rulings were “individualistic” and unconstitutional, as the Justice Department said earlier this month.
They argue that returning them just days before the election could introduce new chaos into the voting process — an argument supported by a group of state Republicans in Monday's filing.
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“This Court should reject the defendants' attempts to change the rules in the middle of the game and restore the status quo,” they wrote. “The Constitution leaves decisions about voter qualifications up to the people of Virginia. And the people of Virginia have decided that non-citizens are not allowed to vote.”
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