A federal judge ordered Virginia to restore more than 1,500 people to the state’s voter rolls Friday after the Biden administration sued, claiming the removals took place too close to the upcoming election. 

The Justice Department claimed Virginia ran afoul of the “quiet period,” a federal provision that prevents states from systematically removing voters from the rolls within 90 days of an election.

U.S. District Judge Patricia Giles, a President Biden appointee, granted the Justice Department’s request for a ruling ordering Virginia to restore the registrations in question at the conclusion of a hearing that began Thursday.

With Giles declining the state’s request to pause her ruling, Virginia Gov. Glenn Youngkin (R) vowed to file emergency appeals of the ruling all the way to the Supreme Court, if necessary.

"Let’s be clear about what just happened: only eleven days before a Presidential election, a federal judge ordered Virginia to reinstate over 1,500 individuals – who self-identified themselves as noncitizens – back onto the voter rolls,” Youngkin said in a statement.
 
“Almost all these individuals had previously presented immigration documents confirming their noncitizen status, a fact recently verified by federal authorities,” he added.

Republicans have put claims of noncitizen voting front and center this election cycle, but available data indicates it is a rare occurrence. Noncitizens also face steep penalties for illegally casting a ballot.

Friday’s ruling adds to a Justice Department victory in its similar lawsuit against Alabama for violating the “quiet period.”

“Defendants’ constitutional arguments rest on the erroneous notion that requiring them to stop their systematic removal program within 90 days of the election would limit their ability to enforce their qualifications to vote. That is incorrect,” the Justice Department wrote in court filings in the Virginia case.

The federal government’s lawsuit was consolidated with a legal challenge against Virginia’s voter list maintenance filed by private groups, including the Virginia Coalition for Immigrant Rights.