Supreme Court Allows Virginia to Purge Noncitizens from Voter Rolls
[guest post by JVW]
The Supreme Court ruled Wednesday that Virginia is entitled to remove noncitizen aliens from its voter rolls, siding with the commonwealth over lower courts less than a week out from the election.
The order comes two days after Virginia attorney general Jason Miyares filed an emergency application, requesting that the Court stay an injunction that ordered Virginia to restore some 1,600 suspected noncitizens who are ineligible to vote to the state’s voter rolls. A federal appeals court upheld the injunction on Sunday, quickly prompting the attorney general to appeal to the Supreme Court.
The Court released the one-page order Wednesday morning, noting that liberal-leaning Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson would have denied Virginia’s emergency request for an appeal.
Virginia made this move 90 days before Election Day, which is the latest they are allowed to do so under the law. The injunction was sought by the Biden-Harris Administration’s Assistant Attorney General for Civil Rights, Kristen Clarke, who argued that the removal of 1,500 noncitizens was systematic and thus fell afoul of both voting rights and civil rights statutes. Ms. Clarke has been described by National Review as a “radical leftist,” who harbors racist and antisemitic ideas and has the de regueur obsession with equity. And the courts tried to elide the clearly legal nature of Virginia’s act by arguing that meeting the proscribed deadline is in fact too late if it does not leave enough time for a myriad of legal challenges. The Supreme Court is apparently not swayed by this weird logic, and thus those 1500 noncitizen residents of Virginia will not be on the voter rolls this coming Tuesday.
– JVW
Sad to see Elena Kagan side with Justices Sotomayor and Brown Jackson. I guess now that the Court has a six Justice conservative majority, she no longer sees any need to play nice with Chief Justice Roberts in the hopes of winning him over to some 5-4 decisions that the left likes.
JVW (cc6c98) — 10/30/2024 @ 8:29 am@1
I’m not sad.
It goes to show that she’s that much of ideologue as her liberal colleagues.
whembly (477db6) — 10/30/2024 @ 9:15 amSo the clock starts now, people have 14 days to fix this, Oh, there’s only 3 days til the election.
The work around BTW, is that it’s the DMV purging, as adjudicated during the actual cases, it’s not the DMVs purview.
Colonel Klink (ret) (96f56a) — 10/30/2024 @ 9:41 amSo the clock starts now, people have 14 days to fix this, Oh, there’s only 3 days til the election.
Virginia law allows for anyone who believes they were wrongly removed to request and cast a provisional vote. Of course they have to declare under threat of perjury that they are indeed legal citizens with full voting rights, and if it turns out they are wrong they should be subject to whatever punishment is called for by statute.
JVW (cc6c98) — 10/30/2024 @ 9:52 amAndy McCarthy provides more explanation as to why Virginia’s action where absolutely legal:
Given that the aliens in this case have apparently acknowledged that they are not eligible voters, one wonders why progressives would choose this fight to make the case for expansive voting “rights.”
JVW (cc6c98) — 10/30/2024 @ 9:59 amThe state had the opportunity, and was encouraged, for months, to granularly investigate the 6k, as that was adjudicated as legal.
Of course, as a lawyer, it may be surprising to find out the Supreme Court didn’t weigh in on the legality, at all.
It’s completely surprising that the point isn’t actually Virginia, where they have same day registration and provisional ballots. How do you boil a frog.
Colonel Klink (ret) (96f56a) — 10/30/2024 @ 10:08 amAlso, a provisional ballot is a total red herring, if your not registered, you provisional will be tossed in the Puerto Rico.
You have to be registered to vote, this will make them unregistered. A provisional ballot’s first test is “is the person a registered voter”.
Colonel Klink (ret) (96f56a) — 10/30/2024 @ 10:22 amThey’re desperate to maintain their 6-3 headlock on the Court.
Yeah, maybe the DOJ is right maybe Virginia is right but I don’t trust this Supreme Court to tell me if it’s daylight outside.
Thank you, Mr. Trump!
nk (0676da) — 10/30/2024 @ 10:37 amI haven’t read deeply into this, so maybe others can help me understand.
It said they are deregistering voters “suspected noncitizens”?
What are their suspicions based on? Why can’t they confirm they are noncitizens before removing them from the rolls?
Obviously I’m totally cool with non-citizens being removed from voting rolls. I’m not at all ok with removing legitimate voters who are incorrectly suspected of being illegitimate.
Nate (cfb326) — 10/30/2024 @ 11:11 amAs a parallel:
If a state moved to remove firearms from suspected convicted felons, I would be extremely apprehensive about the work the word “suspected” is doing.
Nate (cfb326) — 10/30/2024 @ 11:33 amWhen you get/renew your license at the DMV, there’s a tablet that you fill out a form, that form on the tablet has a box to check if your are/are not a citizen. If you miss the check box, or confuse what it means, they are pulling them out of the registered bucket.
Now that it’s allowed to implement the purge, the state has to mail out a notice to those affected, so they know that they have to re-register.
Again, the excuse that they can use a provisional ballot is just dumb on the face
There’s same day registration in Virginia, but that requires a different set of credentials that people may not have when they go to the polls, since they assume they’re registered, since that were registered.
Colonel Klink (ret) (96f56a) — 10/30/2024 @ 11:34 amYou may apply to register to vote or change your voter registration name or address at any DMV office; however, DMV does not register you to vote or change your voter address. By law, only a local voter registrar can register you to vote or change your voter information.
You can use DMV’s driver’s license/ID card application (form DL-1P) to indicate that you would like to apply to register to vote or change voter information. If you are a citizen of the United States and wish to apply to register to vote, answer the citizenship and voter registration questions on the application with “Yes” and you will be provided with a voter registration application to complete. Follow the instructions on the voter registration application carefully – you must complete all boxes and provide complete information on the voter registration application. Be sure to sign and date the voter registration application.
To change your voter registration name or address, you may complete either the driver’s license/ID card application (form DL-1P) or the separate driver’s license/ID card address change request (form ISD-01).
You are not registered to vote until your voter registration application is approved by your local voter registrar. If approved, you should receive a voter registration card within 30 days showing your voting location and election district. Contact your local registrar if you do not receive the voter registration card.
In addition, you can check with the Virginia Department of Elections at 1-800-552-9745 (TDD 1-800-260-3466) if you have questions about voter registration or the status of your application, or if you do not receive your voter registration card.
Check Your Voter Registration Status
Colonel Klink (ret) (96f56a) — 10/30/2024 @ 11:39 amYou can check your current voter registration status as well as find out where you are registered to vote through the Virginia Department of Elections.
https://www.detroitnews.com/story/news/politics/elections/2024/10/30/chinese-university-of-michigan-college-student-voted-presidential-election-michigan-china-benson/75936701007/
I am not one to put much weight behind the claims of “sources familiar,” but I haven’t found any information that they are wrong. Effectively one person’s vote has been canceled if this is true.
BuDuh (3f5260) — 10/30/2024 @ 12:31 pmA little more:
BuDuh (3f5260) — 10/30/2024 @ 12:35 pmIn other election litigation:
Rip Murdock (d2a2a8) — 10/30/2024 @ 1:04 pmMore election litigation:
Rip Murdock (d2a2a8) — 10/30/2024 @ 1:07 pmhttps://www.nbcphiladelphia.com/decision-2024/pa-judge-extends-early-voting-option-in-bucks-county-after-trumps-lawsuit/4013761/
BuDuh (3f5260) — 10/30/2024 @ 1:10 pmFor the most part, Republican challenges to state voting laws have been rejected by either state or federal courts.
Rip Murdock (d2a2a8) — 10/30/2024 @ 1:13 pmNate (cfb326) — 10/30/2024 @ 11:11 am
Either a form they filled out annd a box they checked or didn’t check at the DMV (and they obtained a registration form some other way from some other source. like a school or library or from election administrators) or they checked that they were not a citizen when being summoned for jury duty.
It could be wrong if they made a mistake or if they became naturalized after the date the form in which they claimed not to be a citizen was filled out.
Politics, basically, and they didn’t have to go right up to the deadline.
Sammy FInkelman (e4ef09) — 10/30/2024 @ 1:28 pmBesides they don’t know who is and who is not not a citizen but people can prove that they are, usually with a birth certificate or naturalization papers, (which don’t usually have a reason worth paying money to forge, so there’s no business in that. Social Security cards get forged)
As this one was. SCOTUS didn’t rule on the legal aspects.
Colonel Klink (ret) (96f56a) — 10/30/2024 @ 1:33 pm> The Republican National Committee sued North Carolina in early October to block a policy that allows citizens abroad to cast ballots in the state if their parents resided there before leaving the country, even if the voters themselves never lived there.
Is there a general rule for how US citizens who were born abroad and have never lived in the US are eligible to vote in federal elections?
According to https://www.fvap.gov/citizen-voter/reside most states allow US citizens who have never resided in the US, but whose parent or guardian last domiciled in that state, to vote in that state as a federal voter, including North Carolina.
i’m trying to see if federal law governs this — the Uniformed and Overseas Citizens Absentee Voting Act of 1986 does not seem to (https://uscode.house.gov/view.xhtml?path=/prelim@title52/subtitle2/chapter203&edition=prelim)
in North Carolina, the existing state statute seems to clearly encompass this situation:
https://ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_163/Article_21A.html
So the lawsuit is frivolous and rightly dismissed.
aphrael (078a66) — 10/30/2024 @ 2:08 pmThe Third Circuit has denied (in a one-sentence per curiam order) an attempt by Cornel West to appear on the Pennsylvania ballot; but he has appealed to the Supreme Court through Justice Samuel Alito.
Rip Murdock (d2a2a8) — 10/30/2024 @ 5:56 pmSeems insanely late to be asking to reprint ballots.
aphrael (dd8c1a) — 10/30/2024 @ 7:05 pmBudun, at 17, good. That’s exactly what should happen in this situation.
aphrael (dd8c1a) — 10/30/2024 @ 7:09 pmSurprise! Virtually all the litigation concerns mail in voting. What a mess.
lloyd (a2e436) — 10/30/2024 @ 7:21 pmGee, I wonder who he voted for.
Chinese Student Accused Of Voting Illegally — And His Vote Will Reportedly Count
He was caught only because he told on himself. I wonder how many will be that helpful.
lloyd (a2e436) — 10/30/2024 @ 7:31 pmHow many of the purged were citizens who forgot to check the citizenship box? In PA. your mail-in ballot will not be counted if you forget to jump thru all the hoops. Make it a crime to prevent a citizen’s vote from being counted.
asset (92c7e3) — 10/30/2024 @ 11:30 pmAs it shouldn’t. Just like in life, a failure to follow the rules leads to invalidation.
SaveFarris (8940bf) — 10/31/2024 @ 5:28 amThis is the recent press conference in Colorado regarding ballots that were stolen before their intended recipient ever saw them. The ballots were then returned to the county and some were caught with the signature verification. Others were caught when the intended recipient got a notification on his, or hers, ballot tracking app that they fortunately signed up to have. After the 7 min mark a decent reporter really tried to get an answer from the Secretary of State as to how she is praising the system when these several ballots were only caught by the fact that the voter had signed up for a voluntary program. After the SoS stammers through some non-answer Baloney, she then states for the first time in the press conference that 3 ballots did make it through and are now irretrievable.
3 legitimate votes were canceled that we know of. And we only know that because a reporter decided to push the issue.
BuDuh (3f5260) — 10/31/2024 @ 7:29 amThis is why “ballot integrity” initiative is a thing.
In our system, the actual vote is disconnected from the voter after it’s been casted. This is a desirable, built-in feature to ensure anonymity.
The downside, is that there’s no good way to “audit” the system that ensure that Voter A truly voted for XYZ.
So the only kinds of audits that can highlight possible fraud are likely:
-someone caught literally red-hand
-someone confesses
-other “meta data” resource, such as comparing raw numbers of registered voters v. number of votes casted. Things like that.
That’s why, if we’re going to have a voting system whereby the final vote record is disassociated from the actual voters, you need robust “gatekeeper” system to ensure that only valid voters call access the polls.
Things like, asking for valid ID, or making sure registry rolls are clean, are proper “gatekeeper” strategies to strengthen validity of the voting system.
The only explanation, and it’s the simplest too, for anyone rejecting voter integrity laws/process… is because they want to make it easier to cheat.
That’s the only explanation.
whembly (477db6) — 10/31/2024 @ 7:56 amIn PA. your mail-in ballot will not be counted if you forget to jump thru all the hoops.
Perhaps they should change the law to reduce the number of hoops. But it is NOT a judges’ job to write the laws. In this case, given the lawmaking power is constitutionally restricted to the legislature, the courts can strike down laws, but not re-write them. And should do neither after the election has started.
Kevin M (a9545f) — 10/31/2024 @ 10:08 am26. lloyd (a2e436) — 10/30/2024 @ 7:31 pm
He probably did it because he became aware of the penalty (and he could at least lose his educational visa) he must have been told by someone whom he told what he had done how seriously this was taken and he tried to recall the ballot and he couldn’t.
For every person like that, there are probably three or four who do not try to reverse their decision.
There are probably a great deal more people who vote for deceased members of their immediate family who lived at the same address and are still on the rolls (probably about 1 in 10 of same cases – a wild eyed guess)
And then there are people who moved (like someone who used to rent – not a voter who just moved but still gets the mail, which is not legal but doesn’t affect things like statewide races much)
Those who vote (by mail) in the name of other people who they did not know well can be caught at least a quarter of the time by the signature.
A signature is rejected when it doesn’t look at all like the signature the voter used to make: It almost can’t be forged because the forger has no model to copy.
Sammy Finkelman (e4ef09) — 10/31/2024 @ 1:20 pmasset (92c7e3) — 10/30/2024 @ 11:30 pm
If they did that in the DMV application, they wouldn’t be offered an opportunity to fill out a voter registration form there.
The New York Times had a story which said there were two ways the 1,600 people in Virginia might have flagged, and it sounds like a majority of them might have been eligible to vote. (Legal residents who are not citizens are very conscious of the fact they cannot vote, and non-legal residents just want to stay out of trouble and not attract attention, and it’s not like people in general are very anxious to vote.)
https://www.nytimes.com/2024/10/30/us/politics/supreme-court-virginia-purge-voter-registration.html
This does not cite anyone who signed a form saying they were exempt from jury duty because they were not a citizen, but they might have been too few or excluded from the litigation because the lawyers did not want to make excuses for a crime or because they didn’t want to investigate the circumstances, like someone becoming a citizen after the jury notice)
You mean at an earlier date?
DHS apparently does not have an up to date list or does not include names when someone gets naturalized based on another person’s naturalization, like children of parents who became naturalized.
https://citizenpath.com/derivative-us-citizenship-for-children
But, I read, they don’t get updated in the DHS list.
Sammy Finkelman (e4ef09) — 10/31/2024 @ 1:56 pm@28 NO it shouldn’t. Rethugs put in rules to knock as many citizens from having their votes count as their think tanks say it will void more democrat ballots then republicans. Why do you want citizens especially veterans from not having their votes counted just because of silly rules designed to prevent their votes from being counted?
asset (6d6272) — 10/31/2024 @ 2:30 pm@30 Some years ago democrats agreed to a national voter ID for every citizen to use to vote. Rethugs said NO! It would be to hard to prevent democrats from voting with national ID. Rethugs want state Id and rules in states they control so they can make up rules and regulations to prevent as many democrats from voting as possible. Would you oppose making it a crime for preventing a citizen from voting or having his vote count like you support making it a crime for a non citizen voting?
asset (6d6272) — 10/31/2024 @ 2:39 pmSchumer has long wanted national ID (and Hillary Clinton, too) but that is all I know. It tends to get opposed because it would give too much control to the federal government.
Sammy Finkelman (e4ef09) — 10/31/2024 @ 4:44 pmAsk yourself: is this true? Does this sound right? That it’s an injustice that illegal aliens only have 3 days to ‘fix’ their vote?
Because that’s not true at all.
In fact this is a hardcore, extreme left view on cancelling the votes of legal citizens. Remember that. a lot of the ‘conservatives’ on the internet are Rachel Maddow, basically.
Dustin (4b502c) — 10/31/2024 @ 4:51 pm@ 35 what happens to local control of elections?
Joe (584b3d) — 10/31/2024 @ 5:17 pm@38 National voter ID for citizens will make it harder for red states to prevent citizens from voting. Thats what will happen. BTW the ID can only be used for voting. No more local control of how many democrats get to vote.
asset (727b8f) — 10/31/2024 @ 9:44 pmThe injustice, Dustin, is that some citizens were mistaken for illegal.iigrants and has their name purged and may be unable to vote as a result, because they only have three days to notice and remedy.
We aren’t complaining about the actual illegals; they have no right to vote and should be reported if they do.
But some citizens are going to get swept up in this due to human error, and those citizens being disenfranchised is an active wrong.
One of the hats I wear is that of a software engineer. All constructed systems have tolerances and error margins. This kind of purge will always accidentally include a few citizens. Those citizens deserve a reasonable opportunity to remedy the situation, which is why we have the ninety day safe harbor in federal law.
aphrael (dd8c1a) — 10/31/2024 @ 10:37 pm“Social Security Numbers will only be used to distribute retirement benefits. It won’t be used in any other fashion”. — asset in 1935
SaveFarris (8940bf) — 11/1/2024 @ 6:00 am@41 a statement and a law are different in kind.
asset (2bbf8c) — 11/1/2024 @ 2:40 pm