Supreme Court allows VA to remove noncitizens from voter roll; Mississippi AG was part of filing

Published 11:30 am Thursday, October 31, 2024

On Monday, Attorney General Fitch joined attorneys general from 25 states in filing an amicus brief urging the U.S. Supreme Court to allow Virginia to remove noncitizens from its voter rolls. Wednesday, the Supreme Court ruled in favor of Virginia.

“It is critical that we uphold state authority to determine voter qualifications and ensure the integrity of our elections,” said Fitch. “Noncitizens cannot vote and should not be on the voter rolls and today the Supreme Court granted Virginia the opportunity to do what is fair and right.”

The attorneys general argued that a preliminary injunction that halted the Commonwealth of Virginia from removing self-identified noncitizens from its rolls undermines a states’ authority to determine voter qualifications. Virginia’s law provides mechanisms to protect election integrity, while ensuring only U.S. citizens remain on voter rolls.

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“This Court has already recognized that Congress can dictate the ‘how’ of voting but not ‘who’ gets to vote,” the attorneys general wrote. “[I]f [the federal government and other Respondents] were correct, … Virginia has no power to enforce its prohibition on noncitizens voting whenever they discover noncitizens on the voter rolls within 90 days of a federal election.”

“Noncitizens are not eligible voters. They were not eligible voters before Congress passed the National Voter Registration Act, they were not eligible when Congress passed the NVRA, and they are not eligible today,” the amicus reads.

In addition to Mississippi, attorneys general from 25 other states joined the brief, including Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.

Read the amicus brief here.