Federal Voter Roll Disputes: DOJ Subpoenas Remain Active After Election
Despite dropping a major lawsuit against California, federal prosecutors are continuing to investigate local election officials and maintain criminal threats related to noncitizen voting.
By Alyssa Parker ·
Federal prosecutors have not rescinded subpoenas sent to several California counties in the days before the November election, even after the Justice Department dropped its central lawsuit against the state. Local officials in Los Angeles, Santa Clara, and Sonoma counties must now turn over records on how they handled federal demands to segregate ballots from voters flagged as potential noncitizens.
U.S. Attorney General Todd Blanche confirmed at a press conference on Thursday that the department will continue to investigate election integrity cases criminally and civilly. He stated that the investigation was not expected to start or stop based on the election results.
James Williams, the county executive for Santa Clara County, described the federal approach as a drive to conjure facts that do not exist. He said his office is fully prepared to continue dealing with the pressure. In October, federal officials warned in letters to every California county that employees who tabulate ballots from identified noncitizens risk becoming aiders and abettors to a federal crime.
Legal experts point to recent court losses that complicate the federal government's position. A D.C. federal judge ruled the night before the election that the Justice Department and Department of Homeland Security lack statutory authority to distribute lists of purported noncitizens to election officials. The judge found this action violated the Privacy Act. The government is expected to appeal that decision.
The reliability of the federal lists has come under scrutiny. In mid-October, officials alleged they found 20,000 likely noncitizens on California's voter rolls. However, data experts from the University of California Los Angeles Voting Rights Project analyzed that list and found that 42 percent of the names did not appear on the current state voter roll. The analysis also identified naturalized citizens on the list.
Tricia Webber, the top election official in Santa Cruz County, noted that more than half of the 81 people listed for her county were not registered there. She reported that some dates of birth on the list were wildly inaccurate, with some appearing as far in the future as 2044. DOJ attorneys have acknowledged flaws in the lists during court hearings.
San Luis Obispo District Attorney Dan Dow is investigating 63 individuals flagged in his county and has charged one person so far. He stated that while it has always been a crime, he had never previously received noncitizen cases from federal officials. The Justice Department declined to comment on the specific litigation or future plans, saying it will evaluate matters based on the facts and the law.
David Becker, executive director of the Center for Election Innovation and Research, said he expects serious scrutiny of the Homeland Security Department's methodology as Democrats take control of Congress. Anna Baldwin of the Campaign Legal Center noted that the administration has hit substantial roadblocks because the program has never been authorized by Congress.
