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On National Voter Registration Day, Three State Secretaries Of State Tell SCOTUS To Stop The 9th Circuit From Letting Noncitizens Stay On The Rolls

Voter Rolls Noncitizens 9th Circuit SCOTUS 2026
RNC v. Mi Familia Vota heads to SCOTUS on election integrity. Photo: The Federalist

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The Secretary of State from Kentucky, Mississippi and Nebraska are asking the Supreme Court to take on the 9th Circuit in their fight against the danger of allowing noncitizens to remain on the voter rolls of America.

On National Voter Registration Day, three secretaries of state from Kentucky, Mississippi and Nebraska wrote an amicus brief in the case RNC v. Mi Familia Vota, which is headed to the Supreme Court to settle the biggest remaining question in election integrity: Can states require proof of citizenship to register to vote and can they remove non-citizens from the voter rolls even within the 90-day “quiet period” before a federal election?

So, in short, the 9th Circuit Court of Appeals has ruled against the RNC in their case to stop groups like Mi Familia Vota from registering noncitizens to vote and to require states to keep confirmed noncitizens on the voter rolls within 90 days of a federal election.

“Nothing in the NVRA changes the fundamental structure of our country’s electoral system,” said Nebraska Secretary of State Robert Evnen in a statement to The Federalist. “The Ninth Circuit was wrong in this case. States determine voter qualifications and perform voter list maintenance. Nothing in the National Voter Registration Act changed this longstanding tenet of federalism.”

Mississippi Secretary of State Michael Watson was equally direct. “The Constitution is clear,” he said. “States determine who is eligible to vote in American elections and that power can never be taken away.” He was echoed by Kentucky Secretary of State Michael Adams. “No court has the power to rewrite the law,” Adams said.

The 9th Circuit has interpreted the National Voter Registration Act of 1993 to prohibit states from removing anyone from the voter rolls for 90 days before a federal election, confirmed noncitizens included. As the amicus brief notes, the Circuit’s holding would “eviscerate” a constitutionally granted, over 250-year long exercised aspect of states’ Voting Power.

Meanwhile, more and more cases of non-citizens registering to vote in various states are coming to light. For example, in New Jersey there are 6,600 non-citizens registered to vote in the state, including hundreds of them who actually cast their ballots in various elections. Democratic Governor of the state Mikie Sherrill, however, is unwilling to acknowledge the problem, let alone solve it. The White House has already reported that more than 250,000 foreigners are registered to vote in four states, and the Department of Homeland Security identified patterns of such registration, which are linked to the open-border policies of the Biden administration.

Democratic groups like Mi Familia Vota and others claim measures to ensure the integrity of elections are attempts to “suppress the vote.” The evidence contradicts that claim. The ACLU recently sent a letter to Iowa county auditors warning them not to remove non-citizens from the voter registration rolls before the general election. The reason for the letter is NVRA’s quiet period that this case seeks to have stricken.

The SAVE America Act, introduced by President Trump and currently working its way through Congress, would require a proof-of-citizenship to register to vote nationwide. The RNC v. Mi Familia Vota case before the Supreme Court will be a test case to see if the act will be allowed to stand or if the left-wing federal courts will once again dictate who can vote in America.

This is the same day of the year Democrats use to hold massive voter registration drives. But on this National Voter Registration Day, there is a far more pressing issue for the health of our democracy than who gets registered to vote — it’s whether the voter rolls of any state are clean enough to matter.

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