Trump Administration Threatens to Prosecute California Election Workers

The Trump administration is escalating its confrontation with California over allegations of noncitizen voting, with the Justice Department threatening to criminally prosecute election workers who knowingly count ballots cast by noncitizens.

"The legal consequences for either facilitating or ignoring a federal crime are significant," Trent McCotter, acting deputy attorney general, wrote in a letter to Los Angeles officials. "Noncitizen voting in a federal election is a federal crime--and knowingly facilitating such conduct is equally unlawful." McCotter further stated that officials who knowingly tabulate ballots from individuals identified by federal agencies as noncitizens risk becoming "aiders and abettors to a federal crime."

President Donald Trump reposted the letter on his social media platform, adding, "They will all go to jail for a long period of time!!!"

This is not the first time the administration has raised this issue. Earlier in the summer, Homeland Security Secretary Markwayne Mullin issued a similar warning that election officials could be held accountable through fines, penalties, and potentially prison time.

The Justice Department's threat to prosecute election officials follows a lawsuit filed against California on Friday, alleging the state has failed to remove noncitizens from its voter rolls. McCotter had previously sent letters to the Los Angeles County Clerk and the California Secretary of State, demanding access to a thumb drive containing names of potential noncitizens on the state's voter registration list. The letters also requested confirmation of a review and the segregation of any ballots from individuals on that list.

California officials have characterized the Justice Department's requests as legally baseless and an attempt to interfere with the state's election processes. California Secretary of State Shirley Weber stated, "The USDOJ's relentless efforts to unlawfully gain access to states' protected voter data and purge voter rolls serve only to cause chaos and fuel public distrust in our elections."

Experts suggest the lawsuit is unlikely to succeed but express concern that the administration's focus on the issue could erode public confidence in election outcomes. Voting expert Sean Morales Doyle of the Brennan Center noted that the administration appears to be "laying the groundwork to challenge results after Election Day."