DOJ alleges noncitizens got ballots in CA

Paris Barraza

USA TODAY

The Justice Department has officially taken legal action against California, giving it a tight deadline to review a list of names the federal government believes are "likely noncitizens" who received ballots to vote in the midterms.

The DOJ alleges that more than 20,000 people "who are likely aliens" are registered to vote in California. According to California’s latest Report of Registration, the state had 23,164,977 registered voters as of Sept. 4, a record high.

Previously, acting Deputy Attorney General Trent McCotter asked Shirley Weber, California’s secretary of state, to review a list of names of people believed to be likely noncitizens who received vote-by-mail ballots and determine within 48 hours whether any citizens are listed.

The list of names was provided to the Los Angeles County Registrar-Recorder/County Clerk on Oct. 13, according to a letter from McCotter.

As part of the federal government’s request, it wants the state to "segregate – not cancel –" any ballots of individuals on the list whose citizenship California cannot independently verify immediately.

Additionally, for individuals on the list who have already received their ballot, the federal government wants the state not to count their ballot until California officials can confirm their citizenship status.

"This is not political or controversial," First Assistant U.S. Attorney for the Central District of California Bill Essayli said on X, adding that "we will not allow California to dilute the votes of American citizens."

Gov. Gavin Newsom’s office called the lawsuit "unfounded" on Oct. 15.

"This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day," the governor said in a statement. "The courts have made clear that the federal government has no role in how a state carries out its election process, and now, in the middle of Californians voting, they have asked local officials – who do a damn good job defending democracy – to violate federal law."

Newsom added that this is an "unprecedented request that should scare the hell out of every American" and that California will continue to "carry out free and fair elections."

The complaint alleges that "agencies within the Department of Homeland Security found thousands of likely noncitizens registered to vote in California who would automatically be sent federal ballots" under California law. According to the complaint, the federal government alerted the California secretary of state that a preliminary review found numerous likely noncitizens registered to vote in the state months before vote-by-mail ballots began going out to registered voters.

DOJ wants ballots set aside

The DOJ is asking a court to stop California from counting vote-by-mail ballots from likely noncitizens in the upcoming election until it can determine their citizenship status, according to the complaint.

This comes less than three weeks before Election Day – and as Californians vote early by dropping off their ballots at secure locations near them.

The DOJ said the court should order California to set aside vote-by-mail ballots from those the government identifies as likely noncitizens and to verify their citizenship status, either independently or in collaboration with the federal government, before counting their vote.

In a three-page response directed to McCotter, Weber said she will not disenfranchise thousands of Californians based on an "unsupported" and "likely inaccurate" belief that certain voters are likely noncitizens.

Weber said that ballots have been delivered to voters and voting is underway.

"Despite this, and with less than three weeks before the election, you are demanding unprecedented measures that threaten thousands of Californians’ right to vote, based on unverifiable information or methodology that you still fail to explain or provide," Weber said.

The secretary of state said she was told the list containing approximately 20,000 names "lacks both the detail and function to be of any investigative use."

"Nowhere has the federal government clarified the basis for suspecting – not even confirming with any level of certainty – the listed individuals are non-citizens," she added.

Weber said that her office had received a letter from Homeland Security Secretary Markwayne Mullin that alleged over 190,000 registered voters in California "may be" noncitizens, and that she responded requesting information about the underlying data and methodology – information she said DHS still hasn’t provided.

The complaint details how U.S. Citizenship and Immigration Services and Homeland Security Investigations determine likely noncitizens on voter rolls.

USCIS compares voter roll information with its internal data to find matches between a registered voter and a possible noncitizen.

The process, which the complaint said in part involves third-party software, a review of records for any evidence of naturalization and a review of records from the Social Security Administration, ultimately leads to USCIS generating a list of likely noncitizens on voter rolls and referring it to HSI for further investigation.

Contributing:

Noe Padilla,

USA TODAY

The Justice Department is asking a court to stop California from counting vote-by-mail ballots from likely noncitizens in the upcoming election until it can determine their citizenship status.

Justin Sullivan/Getty Images File