Federal Lawsuit Challenges California Over Noncitizen Voter Allegations

The Trump administration has initiated legal action against California, contending that the state did not meet a deadline for scrutinizing a list of registered noncitizen voters provided by federal authorities.

The lawsuit, lodged in a US District Court in California, requests that the court prohibit the state from tallying mail-in ballots from individuals identified on a list of alleged noncitizens. The Department of Justice (DOJ) asserted that it had engaged in collaborative efforts with California to identify noncitizen registrants, but claimed the state did not demonstrate a genuine commitment to the process.

This legal move follows a 48-hour deadline imposed by the DOJ on California officials, demanding a review of voter lists that the agency claimed contained names of potentially ineligible voters.

California Secretary of State Shirley Weber, responsible for overseeing elections, replied to the DOJ’s correspondence. In a detailed response, she aimed to clarify the sequence of events and argued that the federal government is making extraordinary demands that could infringe upon the voting rights of thousands of Californians, based on information that remains unverified and unexplained.

Weber indicated that while local jurisdictions received lists encompassing approximately 20,000 individuals, her office was never provided with such a list. The DOJ had previously suggested the presence of thousands of noncitizen voters, but the lawsuit referenced “tens of thousands.”

Weber criticized the DOJ for not supplying the list to her office yet insisting on an urgent verification of citizenship status for around 20,000 people on the eve of an election, describing the situation as a crisis instigated by the department itself.

Election officials in Los Angeles County, which received the DOJ’s ultimatum, noted that the deadline was set just 21 days before the midterm elections. The county acknowledged receiving a thumb drive along with the letter but decided against accessing it, citing concerns over the device’s security.

The county reaffirmed its commitment to maintaining accurate voter rolls, emphasizing that state law requires any removals to be grounded in verifiable information.

President Trump has repeatedly made unfounded assertions that substantial numbers of noncitizens, who are ineligible for federal voting, are casting ballots in Democratic-led states, including California. State authorities have countered that such occurrences are minimal and do not justify abrupt interventions so close to the election date scheduled for November 3.

California Governor Gavin Newsom has strongly condemned the DOJ’s lawsuit, characterizing it as a desperate attempt by Trump to suppress votes shortly before Election Day.

“The judiciary has established that the federal government lacks authority in administering state elections,” Newsom stated. “We will protect the integrity of elections in California and challenge any authoritarian moves that threaten our democratic principles.”

Judicial Rebuttals to Trump’s Initiatives

Earlier this month, a federal judge in Florida determined that a federal law penalizing noncitizen voting is unconstitutional, significantly impeding the Trump administration’s pursuit of similar cases.

The court’s decision underscored that, per the Constitution, states hold exclusive power to establish voter qualifications, and since each state already criminalizes noncitizen voting, prosecution is a state matter. The DOJ faces numerous pending cases nationwide that could now invoke this same legal challenge.

Additionally, a federal judge ruled this month that the DOJ improperly sought state voter records to cross-reference with the SAVE immigration database, a system known for its inaccuracies and potential to misidentify citizens. The judge concluded that mandating the use of such a database would violate the Constitution.

In September, the Supreme Court dismissed an administration effort to impose restrictions on mail-in ballots for the November elections, which Trump argued were prone to abuse by noncitizens due to inadequate verification processes.

Twenty-two states, predominantly under Democratic leadership, have filed lawsuits against the administration over attempts to limit mail-in voting, including directives to federal entities like the US Postal Service to refrain from handling ballots without confirming the eligibility of senders.

According to the Election Assistance Commission, a nonpartisan agency, approximately 30% of ballots in the 2024 elections were submitted by mail. This method is particularly prevalent in western states such as California.

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