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Republican Virginia Attorney General Jason Miyares has filed an emergency petition with the US Supreme Court (SCOTUS) asking the court to overturn a lower court's ruling that stopped the state's removal of suspected noncitizens from its voter rolls.

USA Today

This comes after a federal appeals court Sunday upheld the lower court's ruling, restoring the registrations of some 1,600 voters removed under an order by Republican Gov. Glenn Youngkin, who said the effort is meant to keep noncitizens from voting.

Youngkin's Aug. 7 executive order directed state election officials to use records from the department of motor vehicles to cancel the voter registration of suspected noncitizens within 14 days. The Biden administration and immigrant advocacy groups sued Virginia.

SCOTUSblog

The plaintiffs claimed Virginia's program violated the so-called Quiet Period Provision of the National Voter Registration Act, barring states from carrying out removal of ineligible voters fewer than 90 days before an election. So far the courts have agreed.

The three-judge appeals court didn't just agree with the lower court but also asserted that election officials had actually canceled the registration of many eligible voters.

The Virginia officials' filing with SCOTUS claims the noncitizens can be removed from the rolls at any time because they've never been eligible to vote in the first place. The filing also questioned whether it was legal for the courts to interfere in the state's "reasonable and longstanding election processes" so close to Election Day.

Voter Roll Lawsuit in Virginia

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