DOJ Gives California 48 Hours to Verify Citizenship of Voters on Federal List
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The Justice Department ordered California election officials to confirm the citizenship of voters flagged as potential noncitizens within two days, warning of possible court action if the request is not met.
The U.S. Justice Department sent letters to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan, demanding that the state verify the citizenship of voters identified on a federal list as possible noncitizens ahead of the November 3 midterm election. Acting Deputy Attorney General R. Trent McCotter gave the officials 48 hours to review a password-protected thumb drive containing the names and to segregate, but not cancel, any mail-in ballots from those individuals until their status can be confirmed.
McCotter wrote that ballots for voters on the list who have not yet received one should be withheld until citizenship is verified, and that already-returned ballots should not be counted until verification is completed. He warned that failure to comply could lead the Justice Department to seek emergency relief, potentially involving the courts.
California officials have not responded to requests for comment. Weber previously questioned a claim by Homeland Security Secretary Markwayne Mullin that more than 190,000 noncitizen voters were registered in the state and declined offers from the Trump administration to purge voter rolls without additional evidence.
Election experts noted that similar lists produced by the administration in other states have contained many citizens, raising concerns about the accuracy of the current list. David Becker, executive director of the Center for Election Innovation & Research, said the timing of the request, coming after ballots have been mailed, is problematic. Rick Hasen, director of UCLA Law’s Safeguarding Democracy Project, said the action may conflict with the National Voter Registration Act, which restricts systematic voter removals within 90 days of an election, and that the issue is under consideration by the U.S. Supreme Court.
The Justice Department defended its position, stating that only U.S. citizens may vote in federal elections and that it is seeking to prevent illegal voting. McCotter emphasized that state officials handle voter registration while the federal government maintains immigration records, and that cooperation is needed to protect election integrity.