Virginia cannot systematically remove voters they suspect to be noncitizens because the removal likely violates federal law with the upcoming election approaching, a U.S. appeals court ruled on Oct. 27.
The National Voter Registration Act contains a provision that requires states to halt “any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters” within 90 days of a federal election. Virginia officials argued that the provision does not cover noncitizens because they are never “voters.”