Citizenship

The Department of Justice has escalated its investigation into alleged noncitizen voting in California, issuing three grand jury subpoenas to Los Angeles County Registrar-Recorder employees ordering them to appear in court Nov. 4. The subpoenas seek documents and communications tied to DOJ letters sent in July and October alleging noncitizens on the state's voter rolls, plus any efforts to keep such votes from being counted.

Earlier, the DOJ sued California after giving officials 48 hours to match 20,000 DHS-flagged names against state data; a federal preliminary review found about 118,000 matches nationwide, below Trump's earlier claim of 250,000. A judge already rejected a DOJ bid to force removal of over 20,000 mail-in ballots, and the department has appealed while Los Angeles says it is complying with the law.

The Justice Department announced indictments against 18 people in North Carolina for allegedly voting illegally in the 2024 election, bringing the state's total to 30 cases tied to that election cycle. Federal grand juries in Charlotte and Greensboro returned charges spanning all three of the state's federal districts, with defendants including lawful permanent residents from countries such as Nigeria, the Dominican Republic, France, Cuba, and Argentina accused of falsely claiming citizenship to register or vote. One defendant allegedly cast ballots dating back to 2000. The indictments arrive as the Trump administration intensifies voter fraud investigations ahead of the midterms, with charges carrying penalties up to five years in prison and $250,000 in fines.

Federal prosecutors asked Washington election officials to set aside ballots from roughly 405 voters they suspect registered without citizenship, accounting for about 1,500 cast ballots, and said more names may follow before Election Day. Secretary of State Steve Hobbs confirmed his office is reviewing the demand, which follows about 60 federal subpoenas for voter records over the past month. Hobbs has called the DOJ's data "deeply flawed," noting citizens appear on the list and most flagged voters are unregistered or inactive, and says withholding ballots without individualized proof would likely be unlawful. No charges have been filed.

A similar, larger fight is underway in California, where a federal judge rejected a DOJ demand to sequester roughly 20,000 disputed ballots but appointed a special master to vet the list, which both sides agree includes citizens. The DOJ has since subpoenaed California election officials and appealed to the 9th Circuit. Alaska has faced comparable demands.

Santa Clara County rejected a DOJ demand for data on 902 voters it suspects are noncitizens and to set aside their ballots, calling it unlawful and infeasible before Election Day; San Mateo and Contra Costa counties raised similar objections, noting the DOJ letters carry no court order. The dispute escalated after a federal judge and a 9th Circuit panel both rejected a related Trump administration effort to block roughly 20,000 California ballots statewide, calling the claims about noncitizen voters not credible and the intervention unconstitutional. The DOJ has appealed again. Gov. Newsom says California is deploying election attorneys to monitor DOJ observers at polling sites.

The U.S. Department of Justice sent letters to 57 of California's 58 counties demanding officials help verify the citizenship status of voters flagged on a federal list of roughly 20,000 names, threatening potential criminal prosecution for tabulating ballots from noncitizens. San Diego County, given 48 hours to respond regarding 1,709 flagged voters, said it is "evaluating next steps" rather than committing to the request. The move follows a DOJ lawsuit against Los Angeles County and the Secretary of State after they declined to set aside the flagged ballots. California officials call the list error-ridden and the effort election interference, while critics say it may violate a federal "quiet period" rule barring systematic voter list reviews before elections.

The Wisconsin Elections Commission voted unanimously to prohibit the state's roughly 1,800 municipal clerks from using the federal SAVE database to verify voters' citizenship status, citing a state law restricting disclosure of voter registration data. Critics note the law includes an exemption for sharing data with law enforcement agencies. The decision follows a September Supreme Court ruling allowing the Trump administration's expanded SAVE program to continue amid litigation. The move has drawn criticism from Republican state lawmakers and election-integrity advocates, while Democratic candidates for governor and secretary of state have backed expanding benefits, including driver's licenses, to noncitizens.

The dispute could carry weight ahead of November elections, given narrow past margins in statewide Democratic primaries and estimates of tens of thousands of noncitizens residing in Wisconsin.

The Department of Justice sent letters to election officials in every California county demanding they identify potential noncitizens on voter rolls within 48 hours, warning of "significant federal scrutiny" and possible prosecution for noncompliance. The letters, affecting roughly 20,000 voters statewide, requested sensitive data including Social Security numbers. Officials were told to segregate, not cancel, affected ballots. California's attorney general said the lists contain errors, including people living outside the counties named, and Los Angeles County found over 40% of a sampled group had already-canceled registrations, with most showing no voting history and nearly 4 in 10 born in the U.S.

The demand follows a DOJ lawsuit against California and a statewide sweep charging 28 people with illegal registration, coming days before the midterms as a 9th Circuit panel weighs the state's compliance obligations. The DOJ says it is not requesting a purge or cancellation of registrations, only collaboration, but federal prosecutors warned that clerks who process a noncitizen's ballot could face legal jeopardy. Governor Gavin Newsom accused the DOJ of sending lists containing people who never voted or who live in the wrong county, calling it fabricated evidence of fraud. County officials in Napa, Contra Costa, Inyo, Mendocino and elsewhere questioned the data's accuracy and said they are proceeding with ballot counting as usual despite the pressure.