State of Virginia

Virginia Noncitizen Voter Purge Program Challenge (Virginia Coalition for Immigrant Rights)

Virginia Coalition for Immigrant Rights v. Beals

Lawsuit filed by the Virginia Coalition for Immigrant Rights, League of Women Voters of Virginia and League of Women Voters of Virginia Education Fund against Virginia Commissioner of Elections Susan Beals, Virginia Attorney General Jason Miyares (R) and all five members of the Virginia State Board of Elections challenging the state’s recent voter purge efforts. On Aug. 7, 2024, the Virginia governor issued Executive Order 35, which provided instructions for a new purge program meant to remove noncitizens from the state’s voter rolls. The plaintiffs allege the program relies on out-of-date information from the Department of Motor Vehicles to identify and remove potential noncitizens, who can then be referred to commonwealth attorneys across the state for criminal investigation and prosecution. They also assert that the program wrongfully purged voters who were naturalized or U.S. born citizens. 

The groups argue that because the purge program was announced 90 days before the November 2024 general election, the removal of every voter from the rolls violates the National Voter Registration Act (NVRA) — which mandates that no voter cancellation can occur within 90 days of an election. They also claim the state’s refusal to provide information on the purge program violates the NVRA’s public disclosure provision. The plaintiffs ask the court to immediately ban the state from enforcing the purge program. They also ask the court to order the state board of elections to place any wrongfully removed voters back on the state’s voter rolls and to notify any affected individuals of the change. 

On Oct. 18, 2024, this case was consolidated with United States of America v. Beals.

On Oct. 25, 2024, the district court temporarily blocked Virginia’s voter purge program. Any voters affected by the program will be restored to the state’s voter rolls until after the November election.

The state defendants appealed the decision blocking the purge program to the U.S. 4th Circuit Court of Appeals, which denied most of the defendants’ motion for a stay pending appeal on Oct. 27. The purge program remains blocked.

On Oct. 27, the defendants filed an emergency application asking the U.S. Supreme Court to stay the 4th Circuit’s decision and unblock the purge program before Oct. 30, 2024.

STATUS: On Oct. 30, 2024, the Supreme Court granted Virginia’s request to stay the trial court’s decision. The state’s voter purge program remains in effect.

Case Documents (District court)

Case Documents (4th Circuit)

Case Documents (U.S. Supreme Court)

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