DOJ sues California over noncitizen voter eligibility
Acting Deputy Attorney General Trent McCotter provided details about the DOJ’s lawsuit against California concerning the state’s voter rolls. The focus is primarily on identifying noncitizens registered to vote and ensuring the integrity of elections.
Attorney General Todd Blanche, during a press conference in Virginia, indicated that he couldn’t completely dismiss the possibility of the Department of Justice stepping in during states’ midterm election certification, under certain extreme circumstances. He mentioned that while his goal is not to “improperly interfere” with elections, there could be situations—perhaps bordering on catastrophic—that might necessitate federal action.
He remarked, “There are indeed hypotheticals we can all think of—like some doomsday scenario, right?” Blanche, emphasizing the unpredictability of the future, said it wouldn’t be appropriate to make definitive statements regarding potential federal intervention.
He also noted that he couldn’t entirely rule out the DOJ getting involved under specific situations. Blanche added that he is not organizing his schedule around the election to interfere, clarifying that wasn’t his objective.
The authority of the DOJ during elections is somewhat limited by the Constitution and federal law, which mainly allows it to protect civil rights and take action against violations of election laws. Federal law does not specifically give them the power to contest ballots or delay state certification of election results.
U.S. elections, per the Constitution, are managed by state and local officials, not the federal government. Blanche faced questions regarding ongoing DOJ litigation, which aims to compel states to hand over unredacted voter data and halt the count of ballots cast by individuals deemed likely noncitizens by the federal government.
Blanche assured reporters that the DOJ isn’t out to “create chaos” but simply wants to notify officials about potential issues. “I’m not trying to prevent an election from being certified,” he reiterated, adding the department’s focus is on ensuring that only eligible individuals are participating in elections.
In reaction to Blanche’s statements, Senate Minority Leader Chuck Schumer expressed that Senate Democrats have been preparing for any actions taken by the administration. Schumer asserted on social media that they are committed to protecting voter rights against any efforts by Trump and his associates to compromise the election process.
The DOJ’s recent lawsuit targeted California election officials for allegedly not promptly reviewing about 20,000 names identified as potentially noncitizens. The department is seeking a court order to prevent the state from counting mail-in ballots from these individuals until their eligibility is confirmed.
The California Secretary of State’s office reported that it was given just 48 hours to evaluate these names. Additionally, the DOJ is contemplating further litigation related to elections against other states; however, a federal judge recently placed temporary restrictions on certain election-related activities in nine states leading up to Election Day, allowing time for the administration to appeal.
This week, Democratic leaders and various electoral organizations also filed a lawsuit against the administration, alleging “threats and intimidation” ahead of the upcoming elections. Despite claims from President Trump about the significant threat posed by noncitizen voting to election integrity, evidence points to the rarity of such incidents in federal elections historically.
