U.S. Supreme Court Upholds Virginia’s Non-Citizens Voter Purge as WI Non-Citizen Voting Amendment Faces Voters 
Days before Election Day, the Supreme Court has allowed Virginia to remove over 1,600 individuals from its voter rolls, while Wisconsin voters consider a constitutional amendment regarding non-citizen voting.
Published October 31, 2024

The U.S. Supreme Court ruled on Wednesday that Virginia can continue its effort to purge over 1,600 non-citizens from its voter rolls. The 6-3 decision, with liberal justices dissenting, comes after Virginia’s Republican Governor Glenn Youngkin signed an executive order in August to expedite this process. Virginia’s program aims to remove non-citizens before the upcoming election, though opponents argue that some eligible voters were mistakenly purged.

Virginia Governor Glenn Youngkin expressed satisfaction following the Supreme Court’s decision, stating that it marks “a victory for commonsense and election fairness.” Youngkin praised Attorney General Jason Miyares for his efforts, emphasizing that the removal of non-citizens from voter rolls is part of a broader strategy to ensure election integrity. He noted, “Clean voter rolls are one important part of a comprehensive approach we are taking to ensure the fairness of our elections.” Youngkin highlighted additional measures in Virginia, such as paper ballots, secure counting machines, signature verification, and a thorough vote-counting process. He assured Virginians that these measures contribute to fair, secure, and interference-free elections.

The Justice Department filed a lawsuit in early October, claiming Virginia’s action violated the 1993 National Voter Registration Act, which prevents systematic removals within 90 days of a federal election. Lower courts sided with the DOJ, requiring Virginia to restore the voter registrations. However, the Supreme Court’s ruling means Virginia’s removal process will continue, reflecting a broader debate over voter eligibility and election integrity.

Meanwhile, Wisconsin voters are set to decide on a constitutional amendment regarding non-citizen voting in state and local elections. The amendment aims to clarify that only U.S. citizens can vote in state and local elections, reaffirming existing federal law. Proponents of the amendment argue it’s necessary to prevent potential loopholes, while opponents see it as a move to clarify Wisconsin vagueness on its prohibition of non-citizen voting. 

At present, the Wisconsin Constitution states that “Every United States citizen age 18 or older who is a resident of an election district” is qualified to vote. However, it does not explicitly mention who cannot vote, which leaves some ambiguity around non-citizens’ eligibility. This ambiguity is being debated, leading to the proposed amendment, which seeks to clarify that only U.S. citizens can vote.