Trump sues California over 20,000 potential noncitizen voters ahead of midterms

The Department of Justice (DOJ) filed a lawsuit on Thursday against California after identifying more than 20,000 people whom it considers likely non-citizens and who are reportedly registered to vote in federal elections.

Specifically, the DOJ argues that California may be facilitating illegal voting by mailing ballots to all registered voters, including those whose citizenship is in question by federal authorities, and by refusing to verify their eligibility before the count.

The lawsuit was filed in the U.S. District Court for the Central District of California and also names the local secretary of state, Shirley Weber, and the Los Angeles County registrar of voters, Dean Logan.

According to a DOJ statement, federal authorities conducted a preliminary analysis that identified potential non-citizen voters by cross-referencing public voter registration records with federal immigration data.

The lawsuit's central legal basis is Section 611 of Title 18 of the United States Code, which, with limited exceptions, prohibits non-citizens from voting in federal elections. In the complaint, the Trump administration invoked the Constitution's Supremacy Clause, which establishes federal law's primacy over state law when the two conflict.

"State-facilitated voter fraud is unacceptable in the United States of America,"  Attorney General Todd Blanche said. 

"If found responsible in a court of law, the State of California will have seriously undermined confidence in our electoral system and violated laws that protect our nation's representative system of government. The Department of Justice will continue working to uncover cases of voter fraud, hold fraudsters accountable, and restore trust in American elections," he added.

What is the DOJ seeking?

According to the aforementioned DOJ statement, letters were sent to California election officials, including Logan, containing a list of more than 20,000 people suspected of not being citizens, requesting that they review the records and set aside ballots received from those who could not prove their citizenship until their status could be verified.

The DOJ specified that Logan refused to review the contents of an encrypted USB drive sent by federal authorities, claiming that the device did not comply with his office's cybersecurity and data protection protocols. Weber, for his part, stated that his office had not received the list and questioned the Trump administration's allegations.

Consequently, the DOJ is seeking a court order requiring California to set aside the ballots of individuals identified by the federal government and verify their citizenship before counting them.