Butte County clerk says DOJ list of alleged non-citizen voters was inaccurate and accompanied by prosecution threat

Butte County clerk-recorder Keaton Denlay said a Department of Justice (DOJ) agent delivered a printed spreadsheet that listed 47 individuals the federal government deemed "likely" non-citizens registered to vote. Denlay described the document as disorganized, with missing and duplicated information, and said it did not match the DOJ’s accompanying letter, which demanded that the county segregate the corresponding mail-in ballots within 48 hours.

Denlay noted that the two-page list actually contained 46 names, with one duplicate, and that 32 of the names were not on the county’s active voter rolls. Seven entries lacked sufficient identifying details such as full names, addresses, dates of birth, driver’s license numbers or Social Security numbers, making verification impossible.

"If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime," the DOJ letter read.

Denlay said the county could not act on the request because California law places the burden of proof on challengers to provide extraordinary evidence of ineligibility. He concluded that the DOJ had not met that burden.

The letter, signed by U.S. Attorney Eric Grant, gave the county a 48-hour deadline to respond. A spokesperson for the U.S. Attorney’s Office declined to comment, and a Department of Homeland Security spokesperson did not respond.

Other California county registrars have reported similar letters, with some describing the lists as containing names not currently registered to vote. Legal analysts have suggested that the DOJ’s threats may be intended to pressure local officials, but that state officials are acting within the law by refusing to comply with the demands.