Alabama Attorney General Steve Marshall has joined a coalition of 25 states in an amicus brief urging the U.S. Supreme Court to approve Virginia's emergency motion. This move aims to prevent the Commonwealth from being compelled to include noncitizens on its voter rolls for the upcoming election. The action seeks a stay on a federal district court's preliminary injunction that mandates Virginia to reinstate self-identified noncitizens onto its voter lists.
Attorney General Marshall stated, "The Constitution gives States the power to detect and remove noncitizens on their voter rolls." He further criticized the Biden-Harris administration for allegedly encouraging federal courts to interfere with this power, suggesting it facilitates noncitizen voting in Virginia. Marshall emphasized, "States should not be required to wait and see if people who identify as noncitizens will vote."
The amicus brief argues that preventing Virginia from removing self-identified non-citizens undermines state authority over voter qualifications. It highlights Virginia's legal mechanisms aimed at ensuring only U.S. citizens are registered voters.
"The upcoming election is hotly contested and has caused division around the country," notes the brief, adding that such divisions might lessen without federal interference in state efforts concerning voter qualifications. It criticizes a decision by the Eastern District of Virginia that stops the removal of noncitizens from voting lists, which could result in some noncitizens voting against state objections.
This Kansas-led brief includes participation from Alabama and other states such as 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.