DOJ Requests California Segregate Suspected Noncitizen Ballots

The Department of Justice has asked California to separate ballots from approximately 20,000 individuals alleged to be noncitizens. This request follows a lawsuit urging the state to probe these individuals before their votes are counted. Initial examinations by local officials have called the reliability of the federal data into question, revealing inconsistencies in the list.

In recent court filings, California and local officials argue that complying with the DOJ’s demand so close to the election would be impractical and potentially illegal under federal and state laws.

“At best, this litigation is a reckless political stunt,” the state asserted in its response. “At worst, it threatens to disenfranchise thousands of Californians this election.”

The situation intensified after the Justice Department provided Los Angeles County with a thumb drive containing the list of suspected noncitizens. County officials initially hesitated to open the file due to security concerns, opting to wait for an emailed version.

According to Los Angeles County Registrar Dean Logan’s filing, of the 20,000 names, only 7,035 were associated with Los Angeles County addresses, with some names repeated. A review of 200 recorded individuals indicated many as likely citizens, with 38.9% reportedly being born in the U.S. The county’s further analysis showed no voting history for about 70% of the sampled individuals.

California law mandates the place of birth on voter registration forms but does not require it. In cases where noncitizens register to vote, it’s often due to misunderstandings rather than fraud, typically involving green-card holders.

The Trump administration defended its methodology but admitted possible inaccuracies. Acting Deputy Attorney General Trent McCotter stated, “There may be some names on there who it turns out ultimately are citizens, we’re not perfect.” DOJ Deputy Press Secretary Kiersten Pels emphasized the need for California to uphold federal law, urging the state to verify citizenship independently.

In related developments, the DOJ pursued criminal charges against 28 individuals from the list. Many were legal permanent residents like Kamlesh Shah, who claimed to have misunderstood the voting eligibility criteria. Shah expressed distress over the charges, attributing his confusion to holding a Real ID.

Research indicates that instances of noncitizen voting are infrequent and generally result from misunderstandings by green-card holders.