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On Sunday, a federal appeals court rejected a request to overturn a lower court order that required Virginia to reinstate voters who had been removed from the rolls.
The order, obtained by the Justice Department and civil rights groups, was based on the argument that the removal process was too disruptive close to Election Day.
About 1,600 people were removed from the voter rolls in August by Governor Glenn Youngkin, allegedly for being non-citizens. However, the appeals court found that it was unclear whether all of those removed were non-citizens and that some eligible voters had their registrations canceled without their knowledge.
The judges emphasized that Virginia officials could still prevent non-citizens from voting by individually canceling registrations or prosecuting those who cast ballots illegally.
Governor Youngkin and Attorney General Jason Miyares have indicated that they intend to appeal the injunction to the Supreme Court.
This ruling comes on the heels of a similar decision in Alabama, where a federal court blocked a voter removal program.