Montgomery, AL – Alabama Attorney General Steve Marshall, alongside attorneys general from 24 other states, has joined an amicus brief requesting the U.S. Supreme Court to approve Virginia’s emergency motion aimed at preventing noncitizens from being placed on its voter rolls ahead of upcoming elections. The appeal seeks a stay of a preliminary injunction issued by a federal district court, which currently compels Virginia to reinstate individuals who have identified themselves as noncitizens on voter registration lists.
Attorney General Marshall expressed strong concerns regarding federal intervention in state election practices. “The Constitution gives States the power to detect and remove noncitizens on their voter rolls,” he said. “Shockingly, the Biden-Harris administration has demanded that federal courts intrude on that power—making it easier for noncitizens to vote in Virginia. States should not be required to wait and see if people who identify as noncitizens will vote. The Supreme Court must act to protect election integrity and state efforts to identify fraud before it happens.”
The brief contends that the federal district court’s decision undermines the authority of states to establish and enforce voter eligibility laws. Virginia’s existing legal framework provides mechanisms designed to maintain the integrity of voter rolls by ensuring only U.S. citizens are registered to vote.
In the amicus brief, the participating states argue that the preliminary injunction imposes undue restrictions on Virginia’s ability to manage its elections. “The upcoming election is hotly contested and has caused division around the country. Perhaps the division would be lower if the federal government were not interfering with the election via last-minute attacks on state efforts to police voter qualifications,” the brief states. The document emphasizes that there is no federal requirement mandating that noncitizens be allowed to vote if their registration is discovered within 90 days of an election.
The Kansas-led brief, signed by Alabama, also includes the participation of Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. The coalition seeks clarity on the extent of state rights to regulate voter eligibility without federal intervention, emphasizing the broader implications for state election governance nationwide.
