Key facts
- The Justice Department demanded California not count ballots from about 20,000 voters it said were likely noncitizens without verification, in an October 13 letter.
- A federal judge rejected the Justice Department's bid to block those ballots on October 28; an appeals court upheld the ruling on October 30.
- Acting US Deputy Attorney General Trent McCotter said the department would "probably" appeal to the US Supreme Court.
- Homeland Security Secretary Markwayne Mullin claimed without evidence that his agency found 300,000 noncitizens on voter rolls.
- At least 16 states have voluntarily given the administration voter data; 30 states and Washington, D.C., have not, and courts rejected 27 of its efforts.
The Trump administration has compiled lists of people it suspects are noncitizens on state voter rolls and could use them to contest the validity of midterm election results, according to a Reuters explainer dated November 1. The report describes the November 3 elections as days away and does not state a year.
The administration acknowledged sending letters to election officials in California, Washington, New Jersey, Pennsylvania and Nevada as of October 30, saying it had identified noncitizens on their rolls, according to a Justice Department document seen by Reuters. In an October 13 letter, the department demanded California not count ballots from about 20,000 registered voters "who federal agencies reasonably believe are likely noncitizens" without first verifying citizenship, warning that election workers who processed them could face prosecution. Trump endorsed the warning on social media: "They will all go to jail for a long period of time!!!"
State officials rebuffed requests to set aside ballots of people on the lists, which have not been made public. The Justice Department sued California to block it from counting any ballots from the 20,000-voter list; California says its safeguards against noncitizen voting are robust.
Noncitizen voting is illegal and can lead to jail time, fines and deportation. The White House says it is a significant problem requiring aggressive enforcement. Trump has long alleged it is widespread, but available evidence indicates it is exceedingly rare: a Reuters investigation in July found 129 cases in which noncitizens were federally charged with voting illegally since Congress created a "voting by aliens" statute in 1996, many apparently stemming from confusion or administrative errors. Justice Department spokesperson Kiersten Pels said: "Close elections are not rare, and every illegal ballot cancels out the vote of an American citizen." Homeland Security Secretary Markwayne Mullin claimed without evidence in a Fox News interview on Saturday that his agency had found 300,000 noncitizens on voter rolls.
The federal government has no centralized list of citizens who are registered or eligible to vote. The administration has sought state voter data, and at least 16 states including Alabama and Texas have complied voluntarily. Thirty states including California and New York, plus Washington, D.C., have not complied and have been sued; courts have rejected 27 of those efforts so far. The Justice Department has appealed many of those losses. Pels said: "Voters have a right to accurate voter rolls, and states shouldn't be hiding them from federal review."