With Calif. Ultimatum, DOJ Ratchets Up Nationwide Voting Fight
Justice Department Issues 48‑Hour Deadline to California for Review of Alleged Non‑Citizen Voters
June 12, 2024 – Sacramento, California
In a move that could reshape the way state voter rolls are audited, the U.S. Justice Department (DOJ) has sent a formal letter to California’s Secretary of State demanding that the state examine a federal list of voters who may not be U.S. citizens. The DOJ warned that failure to comply within 48 hours could trigger emergency legal action against the state.
The letter, which the DOJ’s Office of Elections Division released to the state on Monday, is part of a nationwide push to tighten scrutiny over voter registration data. “We are requesting that the Secretary of State review the list within 48 hours, or we will pursue emergency legal action,” the DOJ wrote. The federal list, compiled by the DOJ from data provided by state election officials and cross‑checked against federal databases, flags over 30,000 California voters whose citizenship status could not be verified.
The deadline is tight. The DOJ’s request gives the Secretary of State’s office roughly a day to analyze the list, determine its accuracy, and respond. If the state does not meet the deadline, the DOJ says it will file an emergency motion with federal courts to halt the use of the contested rolls in upcoming elections.
California’s response to the letter has been measured. In a brief statement, the Secretary of State’s office said it was “taking the matter seriously and will review the list promptly.” No official estimate of how long the review will take has been released, though the office noted that it already has a team of election integrity specialists on standby.
The DOJ’s campaign to audit voter rolls began earlier this year after the federal agency received a surge of complaints alleging that some states were failing to keep their voter rolls clean. In March, the DOJ sent a similar letter to New Jersey, requesting that the state review a list of 13,000 allegedly non‑citizen voters. The New Jersey Department of State has already begun a review and pledged to cooperate with the DOJ.
“This letter is not a threat against California’s democracy; it is a call to uphold the integrity of the electoral process,” the DOJ’s Office of Elections Division said in a statement. The agency has emphasized that its intent is to prevent fraud, not to suppress eligible voters. The DOJ also noted that it has no evidence that non‑citizens actually voted in California, and that the list is being used solely as a tool to identify potential gaps in the voter registration data.
Political analysts say the move could intensify partisan tensions. Republicans have long accused Democrats of “widespread voter fraud,” while Democrats argue that the DOJ’s scrutiny is a necessary check on state procedures. Governor Gavin Newsom has reiterated that his administration is committed to maintaining accurate voter rolls. “California will not allow non‑citizens to vote in our elections,” Newsom said in a statement, though he also pledged to cooperate with federal investigators to resolve the issue.
The legal implications of the DOJ’s deadline are significant. If the DOJ proceeds with emergency legal action, the court may order the state to halt the use of contested rolls until the matter is resolved. Such an order could have knock‑on effects on upcoming primaries, potentially delaying vote‑tallying processes and sparking additional lawsuits from both sides of the political spectrum.
California has a long history of maintaining robust voter registration systems. In 2022, the state’s voter rolls were found to be 99.9 percent accurate after a state‑wide audit. The current scrutiny, however, reflects the DOJ’s belief that some errors may still exist and could undermine public confidence.
The DOJ’s letter also references the federal Voting Rights Act of 1965 and the federal Elections Clause of the Constitution, which together require states to maintain accurate voter rolls. By invoking these provisions, the DOJ signals its willingness to use the courts to enforce compliance.
The deadline will expire on Tuesday night at 11:59 p.m. Pacific Time. Whether the Secretary of State’s office will be able to meet the 48‑hour requirement remains to be seen. The state has yet to publicly disclose the steps it is taking to review the list. Meanwhile, the DOJ has warned that it will move forward with emergency legal action if it does not receive a satisfactory response.
For now, the focus remains on the integrity of California’s voter rolls and the federal government’s role in ensuring that only eligible citizens are able to participate in elections. The outcome of the DOJ’s ultimatum could set a precedent for how the federal government engages with states on election‑related matters in the months ahead.
