The Justice Department said Monday that it has filed election crime charges against 28 green card holders in California, and it moved in federal court to halt the counting of ballots from 20,000 people it says are likely noncitizens. The action marks a sharp escalation in a months-long confrontation with California over how the state manages its voter rolls and ballots.
Alongside the criminal cases, federal officials submitted an emergency request to stop California from processing ballots cast by individuals on a list the government labeled as likely noncitizens. California officials have asked for details on how the federal government reached those conclusions, saying they have not received the underlying data.
“This Department of Justice will not look the other way while noncitizens vote in federal elections,” Acting Deputy Attorney General Trent McCotter said at a Monday news conference, while criticizing the actions of California and Los Angeles County.
Noncitizen voting has not been shown to be widespread in U.S. elections, according to election researchers. Still, the department has steadily announced new cases as early voting begins in multiple states.
DOJ, noncitizen voting, and election integrity clash in California
The latest court request follows President Trump’s summer address on election integrity and a flash drive delivered to Los Angeles County last week that contained 20,000 names and a 48-hour demand to investigate. State and local officials declined, and the federal government sued.
On Friday, McCotter warned California officials they could face prosecution for knowingly processing ballots flagged by federal agencies as noncitizen ballots. The president later posted that those responsible “will all go to jail for a long period of time.”
Election administrators and experts say the aggressive posture could be a prelude to further attempts to cast doubt on results in this fall’s contests.
New criminal charges against noncitizens in California
All 28 individuals charged Monday are lawful permanent residents and were among the 20,000 names federal officials provided to the state last week, according to the department. Some of the accused did not cast a ballot, and several registered decades ago.
Many face allegations of making false statements in naturalization applications regarding past voter registration or citizenship claims.
Prior studies have found that when noncitizen registration or voting occurs, it is often linked to bureaucratic mistakes rather than deliberate fraud. Earlier this year New Jersey disclosed a DMV software error that registered more than 6,000 people despite their indicating noncitizen status.
First Assistant U.S. Attorney Bill Essayli in California’s Central District downplayed the idea of error, saying the registrations involved sworn attestations of citizenship.
Over the past seven weeks, federal prosecutors have charged 113 noncitizens across 20 states with voting and registration offenses, officials said. Election law scholar Rick Hasen of UCLA said the figures appear designed to make the issue “look like a bigger issue than it is,” noting that in a state with more than 20 million registered voters, even proved cases would represent a very small share.
Polling this fall indicates many Americans expect immigration enforcement to be present at polling locations, despite a federal ban on armed federal agents at the polls. Non-white voters are more likely than white voters to report concerns about being questioned by immigration authorities when voting.
Los Angeles County Registrar Dean Logan has urged voters to participate and not be deterred by litigation or misinformation. “The best way to secure the election is through your participation,” he said in an earlier interview.
An unprecedented demand by DOJ
The department’s bid to block California and Los Angeles County from processing ballots tied to the 20,000 names is unusual, especially with voting already underway. California officials argue the requested segregation of ballots would be unlawful and emphasize the department has not confirmed that those on the list are noncitizens.
California Secretary of State Shirley Weber wrote on Oct. 13 that the steps demanded run counter to state and federal law. She said withholding or refusing to tabulate ballots from duly registered voters would amount to an unprecedented suspension or denial of voting rights.
On Oct. 15, Los Angeles County’s assistant county counsel, Peter Bollinger, said the county is not authorized, or is prohibited, from taking those actions and warned they would disenfranchise voters without due process. The county also noted the federal list includes voters outside its jurisdiction.
Both officials cited the National Voter Registration Act, which bars systematic removals of ineligible voters within 90 days of a federal election to prevent erroneous purges close to voting.
Questions remain about how the federal government derived the 20,000 figure and its accuracy. A July letter from the Department of Homeland Security alleged California could have 190,000 noncitizens on its rolls.
On Monday, McCotter said the 20,000 represents the names in which the department has the most confidence after cross-referencing federal databases. He also faulted California for not turning over the full voter roll with partial Social Security and driver’s license numbers, which federal officials say would aid verification.
Judges in 26 federal jurisdictions have rejected similar federal demands for that data.
In its Monday filing seeking to prevent counting ballots from the 20,000 individuals, the department argued that once illegal ballots are tallied and mixed with lawful votes, the harm may be impossible to remedy, and that the urgency stems from protecting the fundamental right to have one’s lawful vote counted without dilution.
A coalition of voting and civil rights groups moved to intervene last week, calling the federal demands unlawful. Several election experts say the case appears aimed more at sending a political signal or setting up future challenges than at prevailing in court, given states’ constitutional authority over election administration.
Hasen wrote last week that he expects the lawsuit to fail.
