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Likely False: California mailed ballots to noncitizens, and the Justice Department has the list to prove it.

California Updated

The Justice Department has made the accusation but has not shown that any noncitizen on its list voted.

The rumor: Likely False “California mailed ballots to noncitizens, and the Justice Department has the list to prove it.”

The facts: DOJ says U.S. Citizenship and Immigration Services checked California's publicly sold voter roll against federal immigration records, without using the SAVE database, and Homeland Security Investigations put the number of likely noncitizens near 20,000. The names and error rate have not been released, and no court has tested the list. On Oct. 19 DOJ asked a Los Angeles federal judge for an emergency order to set those ballots aside; no judge has been assigned. When federal officials made a similar claim about Nevada, the state checked 1,500 names and found zero registered noncitizens. If you are a citizen and your county contacts you about your eligibility, respond right away and still cast your ballot.

How this story developed

  1. Attorneys general from 21 states and D.C. tell the court federal officials first claimed 16,000 noncitizens were registered in Nevada, then listed only 185, and Nevada confirmed none. The names and error rate behind California's 20,000 are still not public.
  2. Judge Carter sets an Oct. 27 hearing on DOJ's emergency request built on the list, and California moves to dismiss the suit. The names and error rate behind the 20,000 figure are still not public.
  3. Judge David O. Carter takes the case as related to DOJ's earlier voter data suit, which he dismissed in January. DOJ objects on procedural grounds to immigrant rights groups joining. No ruling yet on intervention or DOJ's emergency request.

Sources

  1. AP via ABC News: DOJ letter and 48-hour deadline, Oct 14 News report Checked Archived copy
  2. CBS News: LA County will not open the thumb drive, Oct 14 News report Checked Archived copy
  3. AP via PBS NewsHour: DOJ threatens legal action, Oct 14 News report Checked Archived copy
  4. ABC News: DOJ sues California, Oct 15 News report Checked Archived copy
  5. US Attorney, Central District of California: lawsuit filed, Oct 15 Official election source Checked Archived copy
  6. CBS News: lawsuit details and state response, Oct 15 News report Checked Archived copy
  7. Court docket 2:26-cv-12025: California objects to related-case notice, Oct 15 Primary document Checked
  8. Court docket 2:25-cv-09149: Judge Carter dismissed DOJ voter data suit, Jan 15 Primary document Checked
  9. AP via PBS NewsHour: DOJ sues; Bonta says state will not hold ballots, Oct 15 News report Checked Archived copy
  10. CalMatters: DOJ sues California; Newsom and Logan respond, Oct 15 News report Checked Archived copy
  11. Court filing: LULAC and NAACP motion to intervene, 2:26-cv-12025, Oct 16 Primary document Checked Archived copy
  12. AP via PBS NewsHour: DOJ warns officials who count flagged ballots, Oct 16 News report Checked Archived copy
  13. ABC News: DOJ threatens to prosecute LA election workers; Trump repost, Oct 16 News report Checked Archived copy
  14. U.S. v. California, Dkt. 21: DOJ objects to related case notices, Oct 18 Primary document Checked
  15. Common Cause v. DOJ docket: appeal filed, DOJ ordered to respond, Oct 16 Primary document Checked
  16. States Newsroom: DHS cites 190,000 figure; DOJ to appeal, Oct 16 News report Checked
  17. CourtListener: DOJ response describing how DHS built the list, Oct 19 Primary document Checked
  18. CourtListener: DOJ application for TRO and preliminary injunction, Oct 19 Primary document Checked
  19. Courthouse News: DOJ describes matching method, seeks emergency order, Oct 19 News report Checked Archived copy
  20. City News Service via Patch: Weber says DOJ gave no proof, Oct 19 News report Checked Archived copy
  21. Bloomberg: California urges judge to reject DOJ ballot suit, Oct 20 News report Checked
  22. Court record: LA County opposes DOJ ballot hold, finds list unreliable, Oct 20 Primary document Checked
  23. Court record: California opposes DOJ emergency ballot request, Oct 20 Primary document Checked
  24. CourtListener: case assigned to Judge John W. Holcomb (Dkt. 34), Oct 20 Primary document Checked
  25. City News Service via KESQ: LA County calls DOJ evidence unreliable, Oct 20 News report Checked Archived copy
  26. CalMatters: DOJ calls 20,000 the floor; state opposes suit, Oct 20 News report Checked Archived copy
  27. California Governor: DOJ admits list may include citizens, Oct 20 Official election source Checked Archived copy
  28. CourtListener: DOJ objects to LULAC, NAACP intervention motion, Oct 20 Primary document Checked
  29. CourtListener: Order moving case to Judge David O. Carter, Oct 21 Primary document Checked
  30. CourtListener: DOJ objects to SIREN, Mi Familia joining case, Oct 21 Primary document Checked
  31. NPR: Some on DOJ's California list appear to be U.S.-born, Oct 20 News report Checked Archived copy
  32. CourtListener: California motion to dismiss DOJ suit, Oct 21 Primary document Checked
  33. Court filing: 21 states and D.C. amicus brief backing California, Oct 21 Primary document Checked
  34. Oregon DOJ: 22 attorneys general back California in ballot suit, Oct 22 Official election source Checked Archived copy