Attorney General Hilgers, along with attorneys general from 26 states, has filed an amicus brief urging the U.S. Supreme Court to permit Virginia to remove non-citizens from its voter roll. "Election integrity starts with safeguarding the ballot box. Our brief calls on the Supreme Court to let states enforce our own election rules that don't allow non-citizens to vote. By expediting this case, the Court can help promote a free and fair election, so that all Americans know that their voices will be heard," said Attorney General Hilgers.
The brief argues against a preliminary injunction that stopped Virginia from removing self-identified non-citizens from its voter rolls, stating it undermines a state's authority to determine voter qualifications. According to Virginia's law, there are mechanisms in place to protect election integrity by ensuring only U.S. citizens remain on voter rolls.
"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," reads part of the amicus brief.
A recent decision by the Eastern District of Virginia Court temporarily halts Virginia's efforts, which may lead Congress to force a state to allow non-citizens to vote despite objections. The brief further asserts, "Non-citizens 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."
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming have joined Nebraska in this legal effort.