US judge orders Virginia to restore voters removed from rolls, restoring access for thousands

The ruling allows voters removed from the rolls to be reinstated.

Virginia's election laws ensure 'the cleanest voter roll in the country': Gov. Glenn Youngkin

Virginia Gov. Glenn Youngkin criticizes the DOJ's voting lawsuit against his state and reacts to former Trump staffers speaking out against the former president.

A federal judge on Friday ordered Virginia to halt its removal of potential non-citizens from state voter rolls, a decision expected to restore the voting rights to some 1,600 residents ahead of Election Day.

U.S. Judge Patricia Giles issued a preliminary injunction Friday to reinstate all voters that had been removed from state voter rolls in the state in the last 90 days, finding that the removals had been in fact "systematic," not individualized, and were thus a violation of federal law.

The news comes just weeks after the Department of Justice sued Virginia over its program, arguing the removals were conducted too close to the Nov. 5 elections and violate the National Voter Registration Act– a federal law that requires states to halt all systematic voter roll maintenance for a 90-day "quiet period" before an election.

Justice Department officials also cited concerns that eligible votes may have incorrectly been removed from the rolls without adequate notice, or enough time to correct the mistake.

"States may remove names from official lists of voters in various ways and for various reasons, but they may not carry-on this kind of systematic removal program so close to a federal election," DOJ officials wrote in filing their Oct. 11 lawsuit.

The injunction upholds this line of thinking, and is likely to be met with fierce pushback from Gov. Glen Youngkin, who has insisted the voters were removed legally, and has himself objected to a court ruling less than two weeks before a federal election.

early voters at the voting booth

Voters make their selections at voting booths on October 17, 2024 in Hendersonville, North Carolina. (Melissa Sue Gerrits/Getty Images)

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At issue is an executive order signed by Youngkin in August that authorized the state to conduct "daily" updates to its voter rolls. 

The order allowed the state to compare its Department of Motor Vehicles non-citizens list against its list of registered voters. Those without citizenship were then informed that their voter registration would be canceled unless they could prove their citizenship in 14 days.

Gov. Glenn Youngkin has insisted the voters were removed legally and is based on precedent from a 2006 state law enacted by then- Gov. Tim Kaine, a Democrat. 

Speaking on "Fox News Sunday," Youngkin defended the state's system and insisted it is not "systematic."

Instead, he said, it uses an "individualized process" to determine and notify potential non-citizens that they had been included on the voter registration list, and without further action would be removed. 

"To be clear, this is not a purge," he said.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Breanne Deppisch is a politics reporter for Fox News Digital covering the 2024 election and other national news.

Authored by Breanne Deppisch via FoxNews October 25th 2024