A viral social media post claims that a judge appointed by President Joe Biden ordered Virginia election officials to reinstate over 1,600 noncitizens to voter rolls.

BANANA REPUBLIC: Biden Judge Orders Virginia to Reinstate Over 1,600 Noncitizens to Voter Rolls Just 11 Days Before Presidential Election https://t.co/RU0DVslJfP pic.twitter.com/MpMHVkGCL0

— The Gateway Pundit (@gatewaypundit) October 25, 2024

Verdict: Misleading

The ruling addressed administrative issues involving eligible U.S. citizens who were mistakenly removed from Virginia’s voter rolls. A recent ruling by the Supreme Court allowed an audit of voter rolls to continue.

Fact Check:

In a 6-3 ruling, the Supreme Court allowed the continuation of a purge of voter rolls in the state of Virginia, according to CNN. The order was issued without reasoning and fueled theories about election security in the U.S., the outlet reported.

The X post, shared by Gateway Pundit, claims that a Biden-appointed Judge had overturned a ruling to place 1,600 noncitizens back on voter roles just days before the presidential election. (RELATED: No, Voters in Maine Cannot Vote For the Same Candidate Twice)

The origins of this misinformation traced back to a misunderstanding of a recent ruling in Virginia, where a judge ordered corrections to be made for eligible U.S. citizens who had been mistakenly removed from voter rolls due to administrative record-keeping errors. No part of the ruling referenced or involved noncitizens. As confirmed by Virginia’s Department of Elections, the court ruling required only that errors affecting eligible U.S. citizens be corrected, and it had no bearing on noncitizens’ voting status.

The Virginia Department of Elections clarified this in a recent statement, emphasizing that “Virginia voter lists are regularly maintained and reviewed to ensure that only eligible U.S. citizens remain registered.” The department further noted that the recent court order was a standard corrective measure to ensure accuracy and compliance with both state and federal voting regulations law experts confirm that U.S. law strictly prohibits noncitizens from voting in federal and state elections. According to Justin Levitt, a former Department of Justice official specializing in election law, “Federal courts cannot and have not mandated noncitizen voting; all rulings focus solely on ensuring the eligibility of U.S. citizens on voter rolls.” Levitt further explained that claims suggesting otherwise are either unfounded or based on misinterpretations.

This baseless similar misinformation spread during the 2020 election cycle, when allegations of noncitizen voting in states like California and Texas were debunked. For instance, fact-checkers at Snopes found no evidence of noncitizen voter inclusion and clarified that noncitizen voting is illegal in all U.S. federal and state elections.

The Electoral Assistance Commission, a federal body responsible for certifying state voting processes, has affirmed that all voting regulations are rigorously followed, and there is no evidence supporting the claims of widespread noncitizen voting or judicial orders to that effect.