In Arlington, Virginia, voters were observed filling out their ballots at a polling station on September 20, as reported by AFP via Getty Images. In Lynchburg, Virginia, Nadra Wilson received a letter from local election officials questioning her U.S. citizenship, which left her both concerned and confused. The notice required her to affirm her U.S. citizenship within 14 days; otherwise, her voter registration would be canceled. The letter was initially sent to an old address before being forwarded, and by the time it reached Wilson in October, the deadline had passed.
Wilson, who asserted her citizenship by showing a passport, explained to NPR that she was born in Brooklyn, New York. Employed in the healthcare sector, Wilson moved to Virginia nine years ago and registered to vote there before the 2016 election.
The U.S. Supreme Court could soon decide on an emergency request concerning a lower court ruling ordering Virginia to reinstate Wilson and approximately 1,600 other voters who were removed from the voter registration list due to a program that a lower court found violated federal law. Virginia’s Republican Governor, Glenn Youngkin, argued that the program enforces a 2006 state law aiming to remove ineligible noncitizens, implementing a process requiring local election officials to remove flagged noncitizens daily.
However, stories like Wilson’s illustrate that the program inadvertently affected eligible U.S. citizens. Civil rights groups and the U.S. Department of Justice filed a lawsuit against Virginia this month. The U.S. District Judge Patricia Tolliver Giles ruled that the state had violated federal law by purging voters too close to a federal election, in breach of the National Voter Registration Act. Judge Giles ordered Virginia to reinstate the removed voters, allowing for the removal of noncitizens only through individualized reviews.
Governor Youngkin criticized the ruling, claiming it mandates the reinstatement of noncitizens, a portrayal challenged by some voters’ experiences. The 4th Circuit Court of Appeals supported the lower court’s ruling, prompting Virginia to appeal to the Supreme Court. With continued in-person voter registration allowed through Election Day in Virginia, eligible voters maintain opportunities to participate in the election, but some who were erroneously removed might have missed absentee ballot requests.
The litigation coincides with a period where former President Donald Trump and other Republican leaders have reiterated unfounded claims of noncitizen voting, aiming to question electoral integrity. While only U.S. citizens can vote in federal and state elections, such allegations may foster distrust. These claims are portrayed by some critics as groundless and as precursors to potential election challenges. Several Republican-led states, including Virginia, have introduced contentious measures purportedly aimed at removing noncitizens, but critics argue these efforts were overly broad.
A recent federal court decision in Alabama exemplified similar issues, where a voter registration program was halted due to misidentifications, leaving many eligible voters erroneously flagged as noncitizens. In Virginia, mistakes linked to DMV procedures have resulted in some eligible voters being mislabeled as noncitizens, leading to brief voter registration cancellations. One such instance involved Rina Shaw, who, after updating her voter registration at the DMV, was mistakenly marked as a noncitizen.
Eric Olsen, director of elections for Prince William County, acknowledged the possibility of errors stemming from DMV visits, explaining how such mistakes could lead to registration cancellations if voters do not promptly correct their status. Legal representatives for state election officials have denied in court filings that omissions at the DMV lead to flagging voters for removal, with current reinstatement orders applicable only to those removed after August 7.
Attorney Anna Dorman from Protect Democracy, a nonprofit organization advocating for voting rights, has engaged with numerous citizens affected by these removals, emphasizing that many on the voter roll list are indeed eligible voters.
Efforts continue to address these registration issues, with legal teams working to ensure eligible citizens remain registered. As for Wilson, she managed to resolve her registration status and cast her vote early, expressing relief at being able to do so.