DOJ Sues California Over 20,000 'Likely Noncitizens' on Its Voter Rolls
The Justice Department wants a court to stop California from counting mail ballots from people federal officials identify as likely noncitizens until their status is confirmed.
With Election Day less than three weeks away, the Trump administration has taken California to federal court over who is on its voter list.
The Justice Department, working with the Department of Homeland Security, filed a complaint on Thursday against the State of California. It alleges that more than 20,000 people who are likely noncitizens are registered to vote in the state. According to the department, California law means every registered voter is mailed a ballot, and it is unlawful for noncitizens to vote in federal elections.
How did federal officials arrive at the number? The Justice Department says Homeland Security Investigations analyzed publicly available voter-registration records for indicators that noncitizens may have registered, cast ballots or received election mail. The department says investigators used "multiple data-enrichment and verification methods" to assess whether the people identified were likely noncitizens. It also calls its analysis preliminary and says the review is ongoing.
According to the lawsuit, the federal government sent California officials a list of more than 20,000 names. The AP reports the Justice Department said state officials failed to meet a 48-hour deadline to review a password-protected thumb drive containing the list. "California election officials were given an opportunity to remove noncitizens from their voter rolls and to sequester ballots returned from suspected ineligible voters. They refused," said First Assistant U.S. Attorney Bill Essayli.
The relief sought is specific. The government is asking the court to stop California from tabulating vote-by-mail ballots from the people on its list until their citizenship can be determined. It also wants the state ordered to set those ballots aside and to verify citizenship beyond relying on the unverified statements people make when they register.
Attorney General Todd Blanche said in the Justice Department's announcement: "State-facilitated voter fraud is unacceptable in the United States of America."
A few things are worth keeping straight. The 20,000 figure is the government's allegation, built on a preliminary analysis, and a court has not ruled on it. The department's own wording is "likely" noncitizens. The sources we reviewed do not include a response from California officials.
Still, the question at the center of this case is not complicated. Americans expect that only citizens vote in federal elections, and they expect election officials to take a list of names seriously when federal investigators hand one over. A judge will now decide whether the state's refusal was justified.