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The Guardian - US
The Guardian - US
World
Sam Levine

Justice department asked California to give details of non-citizens on voter rolls

people voting
Early voting at the Los Angeles County Registrar-Recorder / County Clerk building in Norwalk, California, on 4 November 2024. Photograph: Myung J Chun/Los Angeles Times/Getty Images

The Department of Justice has asked several large California counties to provide detailed personal information of non-citizens who got on to the state voter rolls, an unusual request that comes as the Trump administration has asked about a dozen states to provide wide swaths of information about voters and election practices.

The justice department’s voting section sent identical letters to local election officials in Los Angeles, San Francisco and San Diego on 9 July. The request asks the officials to provide the total number of non-citizens who had their voter registrations cancelled since 2020 as well as a copy of their voter registration records, voting history, date of birth, driver’s license numbers, and the last four digits of a social security number. The department sent a similar request to Orange county last month and then sued the county after officials redacted some information.

“It’s deeply troubling,” said David Becker, the executive director for the Center for Election Innovation & Research. “It reflects a pretty shocking misunderstanding of federal law regarding list maintenance.”

The request for information on non-citizens comes as the Trump administration has arrested and moved to deport thousands of immigrants. Submitting a voter registration form while ineligible to vote is a crime so non-citizens that do so could be prosecuted and potentially deported. This kind of voter fraud, however, is extremely rare.

All three counties said they were reviewing the justice department’s request. The justice department did not return a request for comment.

The justice department’s voting section has sent out extensive requests for information to nearly a dozen states recently, many of them focused on how states are removing people from the rolls and suggesting that states are not doing enough to cancel voter registrations of people who are ineligible to cast a ballot. It has also asked many states to turn over all of their voter registration records. At least two states, New Hampshire and Minnesota, have refused so far. “The Department of Justice did not, however, identify any legal basis in its June 25 letter that would entitle it to Minnesota’s voter registration list. Nor did it explain how this information would be used, stored, and secured,” a lawyer for the Minnesota secretary of state’s office wrote on 25 July.

It is a focus that underscores how the justice department’s voting section is shifting away from enforcing anti-discrimination in voting laws and instead hunting for voter fraud.

“For years now, we’ve seen suits from those conservative groups saying that jurisdictions aren’t purging enough folks from their rolls and claiming that they’ve identified non-citizens on the rolls and that kind of thing. And now we’re seeing the Department of Justice do something very similar,” said Sean Morales-Doyle, director of the voting rights and elections program at the Brennan Center for Justice. “This is a civil rights division and a voting section in particular that are very focused on trying to prove some kind of fraud.”

Federal law requires states to regularly check their rolls for people who are ineligible because they have moved or died, with safeguards in place to ensure that eligible voters are not erroneously moved. Republicans have long complained that states are not aggressive enough in removing voters, while Democrats have pointed to errors states have made to justify the continued existence of the safeguards.

Trump has often repeated the false claim that non-citizens are voting in significant numbers in US elections, including last month when he said Los Angeles and other Democratic-leaning cities were using “Illegal Aliens to expand their Voter Base” and “cheat in elections”. A provision in Trump’s March executive order on elections instructs the attorney general to prioritize enforcing laws that prevent non-citizen voting. Numerous studies have shown that non-citizen voting is exceedingly rare.

“This refocus is troubling in part because it means taking away focus from actually enforcing the legal protections for voting rights that the voting rights section has historically been enforcing,” Morales-Doyle said. “It seems to be investing a bunch of resources in going after a problem that is infinitesimally rare.”

There have been isolated instances of non-citizens becoming registered in recent years, but it is often due to confusion about their eligibility. In 2018, for example, a federal prosecutor in North Carolina charged 20 non-citizens with illegally voting and several of them said they had no idea they were ineligible.

Last month, election officials in Orange county, California, told the justice department that 17 non-citizens had become registered to vote since 2020. Sixteen of those people self-reported they were non-citizens, according to the Los Angeles Times.

The election officials provided the information in June after justice department officials made a similar request to the one submitted to Los Angeles, San Francisco and San Diego. While election officials turned over the names and dates of birth of those who registered, they redacted their social security and driver’s license numbers, citing state privacy laws, the Los Angeles Times reported. When Orange county officials offered to work on a confidentiality agreement under which they could provide the records, justice department responded by suing the county for the records.

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“These efforts make it clear President Trump is preparing to use the power of his office to interfere in the 2026 election,” said Samantha Tarazi, CEO and co-founder of Voting Rights Lab, a non-profit that is tracking the justice department’s outreach to states. “What started as an unconstitutional executive order – marching orders for state action regardless of its fate in court – has grown into a full federal mobilization to seize power over our elections.

To justify its request for records to the California counties, the justice department pointed to two federal laws, the National Voter Registration Act (NVRA) and Help America Vote Act (Hava) that set requirements for how states must maintain their voter rolls. Neither statute requires states to continually search for non-citizens on their voter rolls, Becker said.

“There is literally nothing in federal law anywhere that requires states to continually search for non-citizens on their voter lists,” he said. “States can do this if they choose to. But the federal government plays absolutely no role in that unless a state affirmatively asks them to.”

The justice department cited a provision of the NVRA that requires states to come up with a general program for removing voters from the rolls because they have either died or moved. It also cited a provision of Hava that requires states to have a system for removing ineligible voters from the rolls and not to accept a federal voter registration application unless voters provide a driver’s license number or the last four digits of their social security number.

“I don’t understand how having the name and [personal identifying information] of any voter tells you anything about whether a county is or isn’t complying with the NVRA and Hava,” Levitt said. “The civil rights division hasn’t really established a legitimate need for the information they’re demanding. Which means they’re not really entitled to the information.”

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