California election officials were given 48 hours to review a federal list of voters the U.S. Department of Justice says may be noncitizens and take steps to ensure ineligible voters' ballots aren't counted. The demand, issued just weeks before the midterm election, raises questions about how the list was compiled, who it could affect, and what voters can do to ensure their ballot counts.
The move has drawn criticism from California Democrats and raised questions for voters wondering whether they could end up on the federal government's list and what happens next.
"Another dangerous attempt to destabilize our safe and secure elections," California Sen. Adam Schiff said. "California will defend against this meddling and unwarranted intrusion on our constitutional
rights."
California Attorney General Rob Bonta, a Democrat, also criticized the Justice Department's demand during an unrelated news conference on Wednesday, calling it "another dangerous attempt to destabilize our safe and secure elections" and accusing the Trump administration of promoting false claims of widespread voter fraud. "There is no widespread voter fraud problem. It doesn't exist. It is a lie. It is a conspiracy theory," Bonta said.
Bonta did not say how California Secretary of State Shirley Weber's office would respond to the federal request, but signaled state officials would reject unsupported allegations. "Will we be engaging in conspiracy theories? We will not," he said.
As of Oct. 14, neither California Gov. Gavin Newsom nor Weber has commented on the federal government's demands, but they have said in the past they will fight any attempt by the Trump Administration to change California election procedures.
As California and federal officials clash over the request, voters may wonder whether it will affect them and what they can do to ensure their ballot counts. Here's what to know:
Why is the Justice Department asking California to review voters?
In letters sent to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan, the Justice Department gave election officials 48 hours to review a list of people the federal government says are "likely non-citizens" who received vote-by-mail ballots.
The department said California should not count ballots from people on the list until officials can independently verify their citizenship status. If officials cannot immediately verify citizenship, federal officials want those ballots segregated while the review continues.
The Justice Department warned it could seek emergency court action if California does not comply.
The development comes months after the Department of Homeland Security claimed California was among several states where noncitizens could be registered to vote, an allegation state officials have disputed.
How did the federal government identify these voters?
That's one of the biggest unanswered questions.
The Justice Department has not publicly released details about the methodology it used to identify the individuals on its list. According to the letters, the names were provided to California officials on a password-protected thumb drive.
Federal officials have said only that they believe the individuals are "likely non-citizens" who received vote-by-mail ballots.
The lack of public detail has drawn scrutiny because similar claims have previously proved inaccurate. In Nevada, state officials reviewed a federal list of alleged noncitizen voters and later determined, according to reporting by The New York Times, that the people identified were, in fact, all lawful U.S. citizens.
Election experts have long noted that citizenship databases can contain outdated information, name mismatches, clerical errors, or records that do not reflect a person's later naturalization.
So far, California officials have not publicly confirmed how many voters are on the federal list or what evidence flagged them.
How can you make sure you're not affected?
For most voters, the best step is simply making sure your voter registration information is accurate and up to date.
California residents can:
- Check their voter registration status through the California Secretary of State's voter status tool.
- Verify that their name, address and other registration information are correct.
- Contact their county elections office if they believe there is an issue with their registration record.
- Track their mail ballot status through California's BallotTrax system.
- Respond promptly if election officials contact them requesting additional information.
Naturalized citizens who recently became eligible to vote may want to ensure their voter registration information is current and maintain copies of citizenship documentation, though election officials generally do not require voters to submit citizenship documents unless questions arise about eligibility.
If you discover a problem with your registration, contact your county registrar as soon as possible. Election officials can often resolve record discrepancies before counting ballots.
What happens if your ballot is questioned?
That remains unclear.
The Justice Department is asking California not to count ballots from people on its list unless it can verify their citizenship.
However, California election officials have not announced whether they will comply with the federal request, challenge it in court, or seek additional information from the Justice Department before taking action.
Because vote-by-mail ballots have already been sent to voters and voting is already underway, election law experts say implementing the federal request could present logistical and legal challenges.
If a ballot is flagged, election officials could contact affected voters to resolve eligibility questions. Any broader process would likely depend on guidance from state officials or the courts.
What happens next?
What happens next is uncertain. California election officials could review the federal government's list and try to verify each person's citizenship status, or they could seek additional information from the Justice Department about how the names were flagged before taking any action.
The dispute could also go to court. The Justice Department has said it may seek emergency relief if California does not act within the 48-hour deadline outlined in the letters. At the same time, state and county officials may push for more transparency about how the list was compiled, how many voters are affected, and what evidence was used to identify them.
For now, California's election process remains unchanged. Legally registered voters can continue casting ballots, and election officials are processing ballots under existing state election laws while questions about the federal request play out.
This article originally appeared on Palm Springs Desert Sun: California ballots caught in uncertainty over Trump voter claims
