20,000 names on DOJ's California noncitizen voter list

The Department of Justice is continuing its review of noncitizen voting in California despite dropping its major lawsuit against the state last week.

U.S. Attorney General Todd Blanche stated at a press conference that the department will actively investigate election integrity cases criminally and civilly. He noted that these efforts were not expected to stop based on the results of the recent election.

Federal prosecutors recently announced criminal charges against dozens of people accused of voting or registering without being citizens. In mid-October, officials claimed to have found 20,000 likely noncitizens on California's voter rolls. The DOJ sued the state to force officials to exclude unverified ballots, but a federal judge and an appeals court rejected the requests. The Supreme Court declined to intervene.

In the days before Election Day, U.S. attorneys in California sent grand jury subpoenas to several counties. These subpoenas asked for records regarding how local officials responded to DOJ demands. The DOJ has not rescinded these subpoenas. Officials in Los Angeles County, Santa Clara County, and Sonoma County received requests to turn over records this month.

Sonoma County Counsel Joshua Myers said the subpoena seeks records about an individual who may have voted without citizenship and how the county responded to federal requests to segregate ballots. The Los Angeles County subpoena, dated Oct. 21, requests records on how the registrar-recorder's office screens for unlawful voting and responds to federal correspondence.

James Williams, county executive for Santa Clara County, said the county is prepared to continue dealing with the federal drive. He stated that the administration is trying to conjure up facts that do not exist. Williams noted that criminal threats against government employees strike at the heart of living in a free society.

Courts have created obstacles for federal intervention. A federal judge in Washington, D.C., ruled the night before Election Day that the DOJ and Department of Homeland Security lack statutory authority to distribute lists of purported noncitizens to election officials. The judge also found that taking this action violates the Privacy Act. In October, a different D.C. judge vacated the DOJ's project of requesting unredacted voter rolls from states.

Anna Baldwin, director of voting rights litigation at the Campaign Legal Center, said the administration faces substantial roadblocks. She noted that the program was not authorized by Congress. The federal government is expected to appeal the recent rulings.

The accuracy of the federal data has drawn scrutiny. In July, President Trump claimed there were 250,000 noncitizens registered in four states. Federal officials later described the 20,000 names sent to California as a ceiling of potential noncitizens. A federal judge allowed data experts from UCLA's Voting Rights Project to analyze the list in the weekend before Election Day.

The analysis found that 42 percent of the names did not appear on California's current voter roll. The list also included naturalized citizens. Tricia Webber, the top election official in Santa Cruz County, said more than half of the 81 people listed for her county were not registered. She noted that some dates of birth were wildly inaccurate, with some appearing in the year 2044.

San Luis Obispo District Attorney Dan Dow is investigating potential noncitizen voters flagged in his county. He has charged one individual so far. He said it is his duty to uphold California law. David Becker, executive director of the Center for Election Innovation and Research, said Democrats winning control of Congress could lead to hearings probing the federal methodology.