Episode Details

As we head into one of the most contentious elections since the debacle of the recount in 2000, Virginia is entangled in a heated legal battle over its efforts to cleanse approximately 1,600 non-citizens from its voter rolls, an action that highlights the federal government's overreach into state sovereignty.

The state has rightly escalated the matter to the US Supreme Court after a federal judge—appointed by the Biden-Harris administration—blocked these removals. This judicial intervention was spurred by lawsuits from the Biden-Harris Department of Justice, alongside advocacy groups like the League of Women Voters (which has become decidedly partisan to the radical Left in recent years) and the Virginia Coalition for Immigrant Rights. All are arguing that federal regulations prevent Virginia’s changes to voter rolls within 90 days of an election, as dictated by the National Voter Registration Act of 1993.

Governor Glenn Youngkin’s administration, attempting to uphold the integrity of Virginia's electoral process in the face of the Biden-Harris administration’s massive importation of illegal immigrants, issued an executive order for daily voter registration data updates from the Department of Motor Vehicles to identify those who did not affirm US citizenship during license applications. 

Virginia's Attorney General, Jason Miyares, has criticized this federal interference, asserting that failure to remove these individuals not only undermines state autonomy but also sows confusion among voters, strains election resources, and suggests to non-citizens that illegal voting is permissible, thus diluting the votes of and disenfranchising legitimate voters.

This scenario underscores a significant conflict between Virginia’s state rights under the 9th and 10th Amendments and what many see as overbearing and unconstitutional federal election interference. It raises questions of whether current federal laws are unconstitutionally overly restrictive and detrimental to maintaining electoral integrity at the state level.

I cite the 9th and 10th Amendments as they mandate the following, respectively:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

And:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

So, according to the text of the National Voter Registration Act of 1993, it is the purview of the state to, among other provisions, establish federal election voter registration procedures and to protect the integrity of the electoral process by assuring an accurate and current voter registration roll for elections for Federal office.

Aside from the fact that Youngkin’s executive order upholds the direction of the legislation, one overarching point—and it’s a big one—comes into play.

The National Voter Registration Act of 1993 unconstitutionally usurps the authority of the State of Virginia—and all other states—to conduct its state elections by effectively nullifying the 9th and 10th Amendments.

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