Trump Administration’s Legal Actions on Voter Fraud Before Midterms

The Trump administration has intensified its efforts to address voter fraud less than three weeks before the November midterm elections. Federal authorities have brought charges and filed a lawsuit against California concerning ballots linked to individuals who the government claims may not be citizens.

Federal Charges and Lawsuit

The Department of Justice announced on Monday that it had charged 28 individuals in California with election-related offenses. This announcement followed a lawsuit against the state asking a court to block counting ballots associated with over 20,000 individuals believed to be noncitizens. California officials contest these claims, stating that the list provided by the federal government lacks verification.

There have been threats directed at election workers as a result of the dispute. President Donald Trump has warned California officials about possible jail time if they count such ballots. The Justice Department also indicated that local election workers processing these ballots could face investigation or prosecution.

The federal authorities have charged 113 individuals in 20 states over illegal voting and registration issues in the past seven weeks. Allegations include noncitizens voting, false claims of citizenship on voter forms, and voting more than once.

Enforcement Activity Timeline

• October 5: Charged 16 noncitizens in election-related cases.
• October 12: Announced charges for 16 individuals involving illegal voting and fraudulent registration.
• October 16: Charged 16 people in North Carolina, New York, and Idaho.
• October 19: Charged 28 people in California as part of “Operation Protect the Vote.” 11 were arrested.

These accusations remain allegations at this stage. Individuals are presumed innocent unless proven guilty beyond a reasonable doubt in court.

California’s Response

The DOJ’s lawsuit indicates federal officials identified more than 20,000 individuals on California’s voter rolls they believe to be noncitizens. They argue that the state should have set aside these ballots for citizenship verification. However, California did not comply with the recommendation.

California Secretary of State Shirley Weber mentioned a lack of adequate information to verify the list and opposed the federal requests. State officials assert that California has protections to prevent registration by noncitizens.

The 28 individuals charged in California were identified as foreign nationals by the DOJ. Prosecutors claim that some falsely stated U.S. citizenship during registration, with some even participating in federal elections.

Legal Implications for California Officials

Theoretically, California election officials could face federal charges if it’s proven they intentionally facilitated election crimes. Nonetheless, a DOJ warning does not equate to criminal liability.

“Noncitizens may not vote in federal elections, but identifying someone as likely noncitizen doesn’t mean that an election official committed a crime by processing that person’s ballot,” said Michael T. van der Veen, a criminal defense attorney.

Prosecutors must demonstrate that an election crime occurred and that officials knowingly participated in unlawful activity.

Constitutional law scholar Mark Graber noted the requirement to prove an official counted a vote knowing the voter was ineligible. David Froomkin, a law assistant professor, agreed, stating, “This is not a serious legal claim,” emphasizing the need for a knowing violation to hold official liability.

Contact Newsweek’s editors for more information: Robert Greenall and Ben Kelly.