Lists compiled by the Trump administration identifying potential non-citizen voters are being utilized to challenge the validity of results in the US midterm elections scheduled for Tuesday. As the Republican Party fights to maintain control of Congress, the government has taken aggressive steps to question voter eligibility across several states. According to a Department of Justice document analyzed by Reuters, the administration sent letters to election authorities in California, Washington, New Jersey, Pennsylvania, and Nevada by October 30, stating it had identified non-citizens on their voter rolls.
In a letter dated October 13, the Department of Justice demanded that California refrain from counting the votes of approximately 20,000 registered voters whom federal agencies believe are likely not citizens. The department warned that poll workers who count these ballots could face prosecution. President Trump endorsed this warning on social media, stating that those involved would face long prison sentences. However, state authorities have rejected requests to invalidate these votes, and the lists themselves have not been made public. Consequently, the Justice Department is now suing California to prevent the state from counting any votes from the identified 20,000 individuals, though California maintains its protections against non-citizen voting are robust.
While voting by non-citizens is illegal and punishable by imprisonment, fines, or deportation, available evidence suggests such incidents are extremely rare. A Reuters investigation in July found only 129 cases of non-citizens federally charged with illegal voting since the 1996 law was enacted, many stemming from administrative errors rather than intentional fraud. Despite this, the White House asserts that non-citizen voting is a significant problem requiring strict measures. Interior Secretary Markwayne Mullin recently claimed without providing evidence that his agency had found 300,000 non-citizens on voter rolls.
The federal government does not possess a centralized list of eligible American citizens but has sought state data to determine eligibility. While at least 16 states voluntarily provided uncensored lists, 30 states and Washington D.C. refused and were subsequently sued by the administration. Courts have rejected 27 of these lawsuits, with judges concluding the federal government lacks a role in determining voter eligibility. The Justice Department has appealed many of these decisions, arguing that voters deserve accurate rolls and states should not hide them from federal analysis.
The Department of Homeland Security (DHS) reportedly obtained partial data from at least 47 states, including names, addresses, and registration status, which investigators then cross-referenced with government databases to identify potential non-citizens. Legal experts suggest these lists could serve as a basis for contesting close election results, even if the government struggles in court. A defeated candidate might argue that illegal votes make it impossible to determine a legitimate winner, or the Justice Department could seek other legal avenues to block certification.
However, such challenges face significant legal hurdles, partly because analyses of the government's lists reveal many individuals are actually US citizens. On October 28, a federal judge in California rejected the Justice Department's attempt to block the votes of the 20,000 identified voters, citing potential chaos for the November 3 elections and questioning the list's reliability. An appeals court upheld this decision on October 30, noting a significant risk of depriving qualified voters of their rights. Acting Deputy Attorney General Trent McCotter indicated the Justice Department would likely appeal to the Supreme Court, acknowledging that the California list could include American citizens.
Sources: G1.