The Trump administration is increasing efforts to combat alleged voter fraud weeks before the November midterm elections. This includes federal charges against individuals and a lawsuit aimed at California over votes linked to alleged noncitizens.
Federal Charges and California Lawsuit
The Justice Department announced that 28 people in California face election-related charges after the department sued the state. The lawsuit seeks to prevent counting ballots tied to more than 20,000 individuals identified as likely noncitizens. California disputes these claims, arguing the list is unverified.
President Trump has warned California officials of possible jail time for counting disputed ballots. The Justice Department cautioned local workers against processing ballots from presumed noncitizens.
Newsweek requested comments from the Justice Department, California Secretary of State Shirley Weber, Attorney General Rob Bonta, and the Los Angeles County Registrar-Recorder/County Clerk.
Enforcement Efforts
Over the past seven weeks, the department has charged 113 people across 20 states with illegal voting and registration offenses. Allegations include noncitizens voting in federal elections and falsely claiming citizenship on voter registration forms.
- October 5: Charges against 16 noncitizens.
- October 12: 16 charged with illegal voting and fraudulent registration.
- October 16: 16 charged in North Carolina, New York, and Idaho.
- October 19: 28 charged in California under “Operation Protect the Vote,” 11 arrested.
It is crucial to note these are allegations, not established guilt; defendants are presumed innocent until proven guilty in court.
California’s Response to Legal and Political Pressure
The DOJ claims more than 20,000 dubious entries are on California’s voter rolls, demanding these ballots be set aside for citizenship verification—a request the state has rejected.
Shirley Weber stated that California lacks essential information to authenticate the federal government’s list and insists on existing safeguards against noncitizen voter registration.
The 28 individuals accused in California are said to be foreign nationals who allegedly falsified citizenship when registering and voting federally.
Legal Implications for Election Officials
Election officials might face federal charges if evidence proves they knowingly facilitated election crimes. However, according to Michael T. van der Veen, a criminal defense attorney, federal warnings do not equate to proving criminal behavior.
Van der Veen explains that prosecutors must prove efforts were made by officials that knowingly facilitated illegal voting. The law requires evidence of intent to assist unlawful acts.
Mark Graber, a constitutional scholar, emphasizes that officials must knowingly count votes from ineligible voters—a scenario challenging to prove if voter status is uncertain.
David Froomkin, a law professor, argues that liability as an accomplice hinges on intentional facilitation, which he does not believe applies in this situation.