The Trump administration is increasing its efforts to address voter fraud less than three weeks before the November midterm elections. This involves introducing federal charges and a lawsuit against California concerning ballots associated with individuals the government identifies as potential noncitizens.
The Justice Department announced that it had charged 28 individuals in California with election-related crimes. This announcement follows the department’s lawsuit against California, which seeks a court order to prevent the counting of ballots linked to over 20,000 people considered “likely” noncitizens by the federal government. California officials disagree with these claims, stating that the list is unverified.
This controversy has also led to threats against election workers. President Donald Trump has warned California officials with potential jail time for counting disputed ballots. The Justice Department has also cautioned that local workers who knowingly handle or count ballots submitted by noncitizens might face investigation or prosecution.
Newsweek has sought comments from the Justice Department, California Secretary of State Shirley Weber, California Attorney General Rob Bonta, and the Los Angeles County Registrar-Recorder/County Clerk.
Recent Charges and Allegations
The Justice Department reported charging 113 individuals across 20 states with illegal voting and registration offenses in the past seven weeks. These cases involve accusations such as noncitizens voting in federal elections, false citizenship claims on voter registration forms, and casting multiple votes.
Recent department announcements outline the enforcement efforts:
- October 5: Charges were brought against 16 noncitizens in election-related cases.
- October 12: Charges involved 16 individuals in cases of illegal voting and fraudulent registration.
- October 16: Charges involved 16 people in North Carolina, New York, and Idaho.
- October 19: 28 people in California were charged in “Operation Protect the Vote,” resulting in 11 arrests.
These are allegations, not findings of guilt. The Justice Department insists defendants are presumed innocent until proven guilty beyond a reasonable doubt in court.
California Faces Federal Pressure
The DOJ lawsuit claims federal officials identified more than 20,000 individuals on California’s voter rolls who they believe are likely noncitizens. They argue that California should have set aside ballots linked to these individuals while verifying their citizenship status. The DOJ claims California declined to do so.
California Secretary of State Shirley Weber asserted that the state had not received sufficient information to verify this list and challenged the federal government’s demands. Moreover, California states it has mechanisms to prevent noncitizens from registering to vote.
The 28 individuals charged in California were identified by the DOJ as foreign nationals. Prosecutors allege some falsely claimed U.S. citizenship during the registration process and participated in federal elections. The DOJ has not yet established that everyone on the list of over 20,000 voted unlawfully.
Potential Legal Consequences for Officials
Theoretical federal prosecution of California election officials could occur if prosecutors prove intentional facilitation of election crimes. However, a DOJ warning does not equate to proven criminal liability, according to Michael T. van der Veen, a criminal defense attorney involved in President Trump’s second impeachment trial.
“Noncitizens may not vote in federal elections, but identifying someone as a likely noncitizen doesn’t mean that an election official committed a crime by processing that person’s ballot,” explained van der Veen to Newsweek.
He stated prosecutors must prove the occurrence of a crime, that an official intentionally aided it, and that there was intent to facilitate it. Mark Graber, a constitutional law scholar, added that officials must knowingly count votes from ineligible individuals to be liable.
David Froomkin, a law professor, agreed with this perspective, noting that the claims require a knowing violation of voter eligibility rules. He concluded, “An election official could be liable as an accomplice if they knowingly facilitated voting by someone ineligible, but that is not the scenario here.”
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