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The Fourth Circuit ruled on Sunday that taking the names off the rolls so close to a federal election may be illegal.

Virginia officials filed an emergency application with the U.S. Supreme Court on Oct. 28 asking the justices to allow the state to remove suspected noncitizens from the voter rolls.

The application was filed in the case known as Beals v. Virginia Coalition for Immigrant Rights.

The U.S. Court of Appeals for the Fourth Circuit found on Oct. 27 that taking the names off the voter rolls within 90 days of an approaching federal election appears to violate the National Voter Registration Act.

Virginia counters that the legal provision is not relevant because the names being removed are not those of U.S. voters.

But “that argument violates basic principles of statutory construction by focusing on a differently worded statutory provision that is not at issue here and proposing a strained reading of the Quiet Period Provision to avoid rendering that other provision absurd or unconstitutional,” the Fourth Circuit said.

This is a developing story. It will be updated.

Zachary Stieber contributed to this report.