DOJ sues California over alleged non-citizens on voter rolls

The U.S. Department of Justice (DOJ) is suing California in federal court, alleging that the state maintains more than 20,000 likely non-citizens on its voter rolls, allowing non-citizens to illegally vote in U.S. elections. California automatically sends mail ballots to all registered voters.

According to the Oct. 15 lawsuit, the Department of Homeland Security (DHS) alerted California months before the state started sending out mail ballots for November’s midterm elections that thousands of likely non-citizens are registered to vote, asking California officials to cooperate and collaborate with the DHS to identify any non-citizens on the state’s voter rolls and ensure that they do not receive mail ballots.

“California made no serious effort to do so,” the lawsuit said, and instead began sending mail ballots, including registered voters suspected of being non-citizens.

>> Coalition study reports almost 2,000 noncitizens voted in Florida <<

“Federal law prohibits noncitizens from voting in federal elections,” the lawsuit said. “That law is an exercise of Congress’s clear constitutional power to regulate the domestic conduct of noncitizens and to regulate the manner of federal elections. Notwithstanding the important role of the Federal Government to regulate the manner of federal elections, States also play a part, but they — and their election officials — cannot knowingly violate federal law when they administer federal elections.”

After California sent mail ballots to registered voters, the DHS provided state election officials with a list of more than 20,000 names of likely non-citizens identified on the state’s voter rolls and again asked California to cooperate with federal authorities to identify non-citizens named on the list. In the event that state officials could not verify the citizenship of individuals on the list, the DHS asked that their mail ballots be set aside until such time as their citizenship could be verified.

The DHS gave California until noon of Oct. 15 to comply, but the state “failed to do so.” Instead, the Los Angeles County recorder-registrar issued a press release announcing that it had refused to use an encrypted USB drive sent by the DHS containing the list of names of likely non-citizens.

The lawsuit asks the federal courts to order California to set aside votes received by those the DHS identified as likely non-citizens and to verify the citizenship of those voters, either independently or in collaboration with the DHS.

>> DHS surges agents to support voter fraud investigations <<

Attorney General Todd Blanche said that California’s failure to verify the citizenship of voters identified as likely non-citizens threatens to erode and undermine the integrity and credibility of U.S. elections.

“State-facilitated voter fraud is unacceptable in the United States of America,” he added in a press release.

Homeland Security Secretary Markwayne Mullin explained that the DHS cross-referenced California’s voter rolls with federal immigration records in order to identify likely non-citizens registered to vote. The analysis, which he said is still ongoing, turned up thousands of likely non-citizens on California’s voter rolls.

“This is completely unacceptable — as even one noncitizen vote cancels out the ballot of an American citizen and undermines our elections,” he said. “DHS is committed to identifying unlawful voting, protecting the integrity of federal elections, and ensuring that only eligible American citizens elect America’s leaders.”

>> DOJ announces new set of 16 charged with illegal voting <<

California’s Democratic Gov. Gavin Newsom called the lawsuit “dangerous nonsense from a President losing his grip on reality,” claiming that verifying the citizenship of voters identified as likely non-citizens would violate federal law.

“Apparently, the rule of law only matters when it's convenient for MAGA’s dear leader,” he said in an Oct. 14 X post responding to the threat of being sued. “California's elections are NOT Donald Trump's to control. We will ensure EVERY California voter can participate in a free and fair election.”

>> Gallup: Americans fear potential election fraud ahead of midterms <<