California Election Officials Frustrated by DOJ Demand to Sequester 'Noncitizen' Ballots

Local election officials across California are expressing confusion and frustration following the receipt of letters from the U.S. Department of Justice demanding the sequestration of ballots believed to have been sent to noncitizen voters. The letters, sent shortly before the midterm elections, request sensitive information, including Social Security numbers, on approximately 20,000 voters.

Noncitizens are prohibited by law from registering to vote or casting a ballot. The Trump administration has asserted that immigrant voting is a significant national issue, despite evidence, including its own investigations, indicating that such instances are rare.

John Tuteur, the registrar of voters for Napa County, stated that the actions are "simply meant to raise huge doubts about the integrity of this election." Election officials have indicated they will proceed with counting ballots as usual, with Tuteur affirming, "We're not changing anything we're doing. We're proceeding with the election."

The federal government imposed a 48-hour deadline for providing the requested information, warning that legal action could be taken against any official who knowingly counts a noncitizen's vote. However, the California attorney general's office has noted errors in the letters, citing an instance where Mendocino County officials received a list of individuals who were not residents of that county.

These demands represent an escalation in a legal dispute between California and the Trump administration's Department of Justice leading up to the midterms. The federal government filed a lawsuit on October 15, seeking to prevent the state from counting mail-in ballots from individuals identified by the federal government as likely noncitizens. Arguments regarding whether California can be compelled to comply with these demands were scheduled to be heard by a panel of 9th Circuit appeals court judges.

Tuteur described receiving a letter from Department of Homeland Security officers late Friday afternoon, which included the names of 42 individuals the federal government accused of being noncitizens illegally registered to vote in Napa County. He noted that out of over 130,000 residents, roughly 86,000 are registered to vote, with approximately 11,000 mail-in ballots already cast as of Friday. In larger counties like Los Angeles, over 331,000 mail-in votes had already been counted.

Kim Grady, Clerk-Recorder in Amador County, received a list of four individuals allegedly registered illegally. Grady, like others, expressed uncertainty about the next steps and whether clarity would be provided before the deadline.

The letters followed a statewide operation by federal authorities the previous week, during which 28 individuals from the list of 20,000 were charged with illegally registering to vote. Some also faced charges for illegal voting and providing false information on naturalization documents, offenses that carry potential prison sentences.

Bill Essayli, the top federal prosecutor in Los Angeles, stated that clerks who do not comply with the government's demands could face prosecution. "Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy," Essayli said.

Instances of noncitizen voting are reportedly rare. As an example, federal charges were recently announced against 10 individuals in Minnesota alleged to have voted illegally over the past three elections, a period during which over 8 million ballots were cast in the state.

Essayli argued that even a small number of illegal voters could potentially influence election outcomes and erode public confidence. However, some election officials have questioned the accuracy of the federal government's data. Kristin B. Connelly, the Contra Costa County clerk-recorder and registrar of voters, recalled a previous claim by President Trump regarding noncitizen voters in Nevada that ultimately proved to be unfounded.

Officials in Los Angeles County, named as defendants in the federal lawsuit, have also raised concerns about the federal government's data. A preliminary review of 200 names from the statewide list of 20,000 indicated that over 40% had canceled registrations, more than 70% had no voting history, and nearly 40% were born in the United States.