Trump administration sues California to block state from counting alleged noncitizen mail-in ballots

SACRAMENTO, Calif. (AP) — The Trump administration sued California election officials Thursday, asking a judge to bar the state from counting mail-in ballots for next month’s midterm elections from people the federal government has identified as “likely” noncitizens until their immigration status can be confirmed.

The lawsuit comes after the Justice Department said California officials failed to meet a 48-hour deadline to review a password-protected thumb drive that contains a list of 20,000 names. The federal government says those are likely noncitizens who were sent ballots to participate in the Nov. 3 election, although the secretary of state said the administration has provided no evidence to support that claim. The state mails ballots to all registered voters.

The lawsuit follows a letter sent earlier this week by a top Justice Department official who threatened potential legal action if California didn’t comply.

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The federal government didn’t specify where the 20,000 voters were concentrated, but the list was sent directly to Los Angeles County Registrar Dean Logan on Tuesday, his office confirmed in a statement. His office said the list contained names of voters throughout California, not just Los Angeles, even though Logan is the only county election official named as a defendant in the lawsuit. He doesn’t have jurisdiction over ballots outside Los Angeles County.

In a statement Thursday, Logan said his office can’t withhold ballots or refuse to count them “based solely on unverified allegations.”

Over 23 million people are registered statewide, and there are a handful of competitive congressional races in other California districts that could determine which party has control of the U.S. House for the final two years of President Donald Trump’s term.

Expert says lawsuit could set stage for false election claims

California Secretary of State Shirley Weber said in a letter to the Justice Department that the federal government hasn’t provided evidence to support its allegation that 20,000 names on the state’s voter rolls are of noncitizens. She referenced an instance in which the federal government initially alleged nearly 16,000 possible noncitizens were listed on Nevada’s voter rolls, but the state determined that all the people flagged were, in fact, U.S. citizens.

She also noted that voting is already underway in the state. Weber, a Democrat, said the Justice Department was “demanding unprecedented measures that threaten thousands of Californians’ right to vote, based on unverifiable information or methodology that you still fail to explain or provide.”

California’s elections are in “full compliance” with federal law, she added.

David Becker, an election law expert who heads the Center for Election Innovation and Research, called the Justice Department’s lawsuit “fairly frivolous.”

“If they were seeking to work in good faith to clean up the voter list that they believed had issues, they would have done this months ago in a much different fashion,” Becker said. “However, it does raise questions as to whether or not the sole purpose of this is to set the stage for false claims about elections.”

List of alleged illegal voters delivered on a thumb drive

Logan said his office received the thumb drive along with a “hand written note providing a password” to access the list of alleged noncitizens on the voter rolls. He said he did not consider the thumb drive a secure device. The secretary of state’s office said the password was written “on a sticky note.”

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Voters to decide whether to allow noncitizens to vote in California city’s elections

Specifics would be worked out if it passes, councilmembers say, but the new voters could include permanent residents, visa holders, refugees and immigrants without legal status.

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James Lacy, an attorney and president of the nonprofit U.S. Justice Foundation, filed a lawsuit challenging the language of the ballot measure, saying it was biased in favor of it passing. An Orange County Superior Court judge ruled in favor of Lacy and ordered the wording to be changed.

Lacy also sued the San Francisco Unified School District for allowing noncitizen parents to vote in school board elections in 2016. An appeals court judge ultimately ruled that it did not violate the state constitution.

“Citizenship is to be valued, and the crown jewel of citizenship is the right to vote,” Lacy said. He said naturalized citizens have to do certain things, like pledge allegiance to the United States, to earn the right to vote.

Julia Gomez, staff attorney at ACLU of Southern California, said voting rights have expanded and contracted over time based on the political landscape.

Originally, only white men who owned property in the U.S. could vote. In the centuries since, eligibility requirements have changed by state and nationally. And up until 1926, as many as 40 states or territories in the U.S. allowed noncitizens to vote with various residency requirements, Gomez said.

“Our values change over time,” Gomez said. The push for Measure DD in Santa Ana is a “reflection of the fact that, at least communities in Santa Ana are ready to make a value judgment that shows, ‘Yes, we respect our neighbors and we think our neighbors should have a right to vote because they have a stake in this democracy.’”

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New Court Order Means Noncitizen Parents Can Vote in Nov. 8 Election for San Francisco School Board

Noncitizen parents will be allowed to vote in the Nov. 8 election for school board in San Francisco after a state appeals court rejected opponents’ request to decide a case about the legality of the city’s voting ordinance before then.

Conservative activists behind a lawsuit challenging the ordinance had asked the court to expedite its review of the case and, in the meantime, grant an immediate injunction to block the city from providing ballots to noncitizens. But the First District Court of Appeal in San Francisco rejected both requests in an order Thursday.

The three-member appeals panel noted, in its brief order, that opponents of the ordinance allowed “four elections to take place with noncitizen voting before filing the instant lawsuit.”

But the fate of San Francisco’s ordinance still hangs by a thread. The ordinance allows noncitizens — including undocumented immigrants and legal residents — to vote for school board candidates if they are a parent or guardian of a school-age child and are not in prison or on parole for a felony conviction.

In August, a Superior Court judge struck down the ordinance and said only U.S. citizens are permitted to vote. Conservative groups have cited a provision in the California Constitution that declares, “A United States citizen 18 years of age and resident in this State may vote.”

San Francisco challenged that ruling to the First District Court of Appeal, which restored noncitizen voting, at least for now. The appeals court granted the city’s request for a stay to set aside the judge’s ruling and leave the ordinance in effect while the case is on appeal. The justices said opponents of the law had not shown they would suffer “irreparable damage in their business or profession” if the law remained in effect during the appeal.

City voters approved the ordinance, the first of its kind in the state, with Proposition N in 2016. The law took effect in 2018, and was extended indefinitely by the Board of Supervisors in 2021.

The lead plaintiff in the case, James V. Lacy, said in a statement Friday that the Court of Appeal’s decision to not expedite its review of the case would likely result in noncitizens casting ballots that “will unconstitutionally dilute the voting power of all citizen voters, including those of ethnic minority groups.”

Noncitizen voter turnout has been low in past elections, possibly due to fears about sharing their identities with the government. Election officials said noncitizen voters accounted for 238 of the 180,000 ballots cast in the February election that recalled three school board members from office.

Attorneys for San Francisco contend the provision in the California Constitution stating that citizens “may vote” does not prevent a local government from allowing noncitizens to vote.

Click here to read the full article at the SF Chronicle