DOJ threatens emergency legal action against California over suspected noncitizen voters
The Justice Department has threatened emergency legal action against California election officials unless they review a list of people it suspects may be noncitizens and take steps to prevent any ineligible votes in November’s midterm elections. California officials say the demand raises concerns about voter intimidation, unsupported claims of widespread fraud and the security of the records supplied.
The department set a deadline of noon Eastern on 15 October for the state and Los Angeles County to review the records and segregate ballots where citizenship cannot be verified. It says thousands of potentially ineligible people appear on voter rolls statewide, but has not shown that those identified cast illegal ballots. Los Angeles County Registrar Dean Logan says his office has not opened the password-protected USB drive containing the records, citing data security and privacy protocols; early voting is already under way.
- DOJ sets California a deadline to review suspected noncitizen voter records.
- State officials dispute the allegations and raise security concerns.
- No evidence is given that those identified cast illegal ballots.
New here? Start with this
US citizens aged 18 or over can vote in federal elections, including the midterms, which choose members of Congress. California’s state and local election offices maintain voter registers and check whether people are eligible to vote.
The Justice Department is the federal agency responsible for enforcing US law. California election officials oversee voting in the state, while Los Angeles County runs elections for its residents. The dispute centres on a federal list of people suspected of being noncitizens; the department says it has found possible ineligible voters, but has not shown that they cast illegal ballots.
The issue matters because election officials must apply voting rules while protecting voters’ privacy and access to the ballot. Disagreement over how to handle unverified records can raise questions about election security, voter rights and the roles of federal and state authorities.
Both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The Justice Department can argue that election officials have a duty to check credible indications that voter rolls may include people who are not eligible, and that acting before ballots are counted could protect the integrity of the midterms. Reviewing the records promptly, it might say, is a reasonable precaution if done under proper privacy safeguards and without treating anyone as ineligible before their status is verified.
The case against
California officials can argue that segregating ballots on the basis of an unverified list risks disenfranchising eligible voters, especially when the department has not shown that the people identified cast unlawful votes. They may also reasonably insist on checking the drive’s security and the provenance and accuracy of its data before using sensitive records, since rushed action during early voting could undermine privacy and public confidence.