The US Department of Justice has warned California election officials to help verify the citizenship status of people on a list of suspected noncitizen voters. The department says officials could face legal action if they knowingly process ballots before citizenship is confirmed.
The department sent letters on Friday to 57 of California’s 58 counties. The move marks a new step in President Donald Trump’s effort to stop ballots from people the federal government suspects are not US citizens from being counted.
Los Angeles County received a similar letter last week. The latest letters show that the federal government is increasing pressure on local election offices ahead of the midterm elections.
NBC News obtained a copy of the letter sent to San Bernardino County Registrar of Voters Joani Finwall. It was issued by the US attorney’s office in Los Angeles.
First Assistant US Attorney Bilal Essayli said the office was providing a list of 1,133 people described as “likely aliens.” He asked the county to work with the Justice Department and the Department of Homeland Security to check their citizenship status.
DOJ Sets a 48-Hour Deadline
Essayli asked San Bernardino County to commit within 48 hours to working with federal agencies. The goal, he wrote, was to determine which people on the list were US citizens and which were not.
The letter also warned officials about sending mail-in ballots to people on the list or counting ballots they had already cast before their citizenship could be verified.
For people whose citizenship status remains unclear, Essayli asked the county to separate their mail-in ballots from other ballots. He stressed that the ballots should not be canceled while officials investigate.
Essayli said federal law makes it a crime for a noncitizen to vote in a federal election. He also warned that officials who knowingly help such voting could face legal consequences.
In a statement to NBC News, Essayli said the letters made the administration’s position clear. He argued that election officials who knowingly process ballots cast by noncitizens could face legal risks.
The letters do not establish that the people named on the list are noncitizens. Their citizenship status must be checked before officials can determine whether the concerns are valid.
California Democrats Challenge Federal Action
The Trump administration has made efforts to identify suspected noncitizen voters a major part of its election policy. California, a state that often supports Democratic candidates, has become a key focus of that effort.
The federal government has already sued to stop California from counting more than 20,000 mail-in ballots from voters it suspects may not be US citizens. On Thursday, the Justice Department asked the 9th US Circuit Court of Appeals to impose restrictions before the lower court had ruled on the case.
The dispute has raised questions about the role of federal agencies in state election procedures and how officials should handle uncertain citizenship records.
Sen. Alex Padilla, a California Democrat, criticized the letters in a statement late Friday. He said the administration had not provided evidence to support claims of widespread voter fraud. He also argued that the data used to identify suspected noncitizens was inaccurate and unreliable.
Padilla said the federal government did not have the authority to interfere with California’s election process through lawsuits and threats against local officials.
The New York Times first reported the letters.
Citizenship Checks Raise Election Questions
Federal law generally prohibits noncitizens from voting in federal elections, though some local jurisdictions allow noncitizens to vote in certain local contests. The central issue in California is whether the people identified by federal officials are actually ineligible to vote in the elections concerned.
Voter registration and citizenship records do not always match perfectly. Differences in names, outdated information or errors in government databases can lead to questions that require further review.
The Justice Department’s request to separate ballots rather than cancel them appears intended to preserve ballots while citizenship checks continue. However, how the process will work in practice may depend on court rulings and the response of county election officials.
The legal dispute comes as election offices prepare for the midterms. County officials must follow election laws while managing voter records and protecting eligible voters from improper removal or delays.
The administration’s lawsuits and letters are likely to keep the question of noncitizen voting at the center of the election debate. The outcome could shape how federal and state authorities handle voter citizenship checks and mail-in ballots in California.
