The Virginia Supreme Court on Thursday denied Kanye West’s appeal of his ouster from Virginia’s presidential ballot.
The high court’s decision came a day before Virginians begin in-person absentee voting and voter registrars mail absentee ballots to more than 800,000 Virginians who have requested them.
“Having considered the record and the arguments presented, we find it is not appropriate under the circumstances of this case to alter the temporary injunction.”
On Sept. 3 Richmond Circuit Court Judge Joi Taylor ordered state elections officials to bar the rapper and entrepreneur from Virginia’s ballot, finding that 11 of the elector oaths West submitted “were obtained by improper, fraudulent or misleading means” or were otherwise invalid.
West’s lawyers, E. Mark Braden and Trevor M. Stanley of the Washington firm Baker & Hostetler, asserted that the plaintiffs in the case — two Suffolk residents who sued state elections officials saying they did not intend to sign up as electors for West — had no private right of action under the state’s election code.
They also faulted the circuit court judge for declining to delay the proceedings through Labor Day weekend so West’s campaign would have time to prepare for the hearing.
West, a former supporter of President Donald Trump, running as an independent, has denied that he was a GOP plant meant to siphon votes from Democrat Joe Biden. His lawyers who sought the appeal have long ties to the Republican Party.
Herring said in a statement Thursday: “I’m pleased the Supreme Court of Virginia agreed with me today and denied Kanye West’s appeal.
“This case could have thrown the election into chaos, drastically changing the ballot and potentially disenfranchising tens of thousands of Virginians during an election that has brought challenges like none we have ever dealt with before.”