DOJ Requests California to Investigate Voter Eligibility Within 48 Hours

<p>The Trump administration has issued a request for California officials to investigate potential ineligible voters within 48 hours and to set aside ballots from individuals whose citizenship cannot be verified, according to two letters sent to state officials from the Justice Department.</p><p><strong>Context: </strong>With voting already underway, the DOJ's actions could result in delays for ballots from eligible Californians mistakenly flagged as noncitizens, potentially leading to legal disputes just weeks before Election Day.</p><hr /><p><strong>Details: </strong>Acting Deputy Attorney General R. Trent McCotter sent a letter on Tuesday to Los Angeles County Registrar-Recorder/County Clerk Dean Logan, along with a thumb drive containing information on individuals identified as likely noncitizens who were sent vote-by-mail ballots. </p><ul><li>McCotter requested local officials to verify the citizenship status of those individuals by noon on October 15. The letter did not specify the number of individuals on the list.</li><li>For anyone whose citizenship status cannot be confirmed, the DOJ has asked officials to segregate, rather than cancel, those ballots and to suspend signature verification or counting of any ballots that have already been returned.</li><li>The DOJ also requested that ballots be withheld from individuals on the list until their citizenship is confirmed.</li><li>California Secretary of State Shirley Weber received a similar letter.</li></ul><p><strong>Concerns: </strong>McCotter concluded his letter with a warning: "If you cannot implement this process by then, given the ongoing federal election, the United States will have no choice but to seek emergency relief."</p><p><strong>Official Statement: </strong>A DOJ spokesperson stated, "This should not be controversial, as the criminal statute is clear: only American citizens may vote in federal elections. It is a federal crime for noncitizens to vote in U.S. elections, and the DOJ is asking California to ensure that is not occurring."</p><ul><li>The California Secretary of State's office and the Los Angeles County office did not respond to requests for comment.</li></ul><p><strong>Criticism: </strong>David Becker, executive director of the nonpartisan Center for Election Innovation & Research, questioned the DOJ's timing, stating, "One must question why the Justice Department would violate its own rules about investigating elections so close to Election Day, particularly when their past claims have been full of errors." Becker noted that the administration could have investigated California's voter rolls prior to the distribution of mail-in ballots on October 5.</p><ul><li>Becker also highlighted that the demand escalates the administration's efforts to uncover suspected noncitizen voters.</li></ul><p><strong>Background: </strong>In July, Homeland Security Secretary Markwayne Mullin claimed that over 190,000 voters were erroneously registered in California, a statement that state officials disputed. ICE investigators, FBI agents, and DOJ prosecutors have dedicated resources to increasing the number of cases and charges related to illegal voting, with approximately 1,600 ongoing cases as of mid-September.</p><ul><li>However, the administration's claims of mass illegal registrations and noncitizen voting have diminished upon further inspection. For example, after alleging 16,000 illegal registrations in Nevada, a review by state election officials reduced that number to potentially 185.</li><li>In Pennsylvania, DHS officials acknowledged varying degrees of confidence in their flags on about 14,000 voters.</li><li>DHS also claimed that New Jersey had 35,000 noncitizen voters, but Governor Mike Sherril (D-NJ) noted that a software error led to mistaken registrations, with the actual number being around 6,600.</li></ul><p><strong>Historical Context: </strong>There have been previous software errors leading to registration issues, particularly for individuals using DMV services. However, experts indicate that actual voting by noncitizens remains rare.</p>