DOJ seeks sanctions over voter data leak
The Justice Department argues that an immigrant rights group violated a court order by publishing a detailed analysis of 20,000 suspected noncitizen voters.
By Olivia Miller ·
More than 40% of the 20,000 names on a federal list of suspected noncitizen voters in California do not appear in the state’s voter file, according to an analysis published this weekend. The Justice Department has urged a federal judge to impose sanctions on the group responsible for the findings, arguing the release violated a specific court order.
The dispute centers on a database provided to the Coalition for Humane Immigrant Rights, or CHIRLA, by U.S. District Court Chief Judge James Boasberg on Friday. Boasberg granted the group access to the data to help them argue for legal standing to challenge the administration's use of the list. He ordered that the plaintiffs keep the names confidential and restrict the data's use to that specific legal question.
Attorneys for CHIRLA filed court papers on Saturday revealing the results of their review. The analysis found that thousands of individuals on the list appeared to be U.S. citizens. The report specifically identified 22 people who were likely naturalized citizens. The data indicated that a substantial portion of the list contained individuals who were not registered in California at all.
The Justice Department responded in a filing on Sunday, stating that the analysis was irrelevant to the plaintiffs' standing. The department argued that comparing the federal list to the full California voter file constituted political grandstanding rather than a legal necessity. It suggested that Judge Boasberg refer the matter for an investigation into criminal contempt of court.
Alberto Lammers, a spokesman for the UCLA Voting Rights Project, which conducted the data analysis for CHIRLA, disputed the government's claim. In an emailed statement, Lammers said that plaintiffs' counsel and their experts fully complied with the court's orders. The project filed the case and performed the technical work on the database.
Judge Boasberg based in Washington, D.C., made the initial ruling on Friday. The order allowed CHIRLA to access the government data while maintaining a seal over the specific names. The legal battle over the list has intensified as the administration continues to push for its use in election administration.
In a separate proceeding, the Justice Department appealed a decision by U.S. District Court Judge Trina L. Thompson in San Francisco. Thompson ruled on Friday night that the department could not demand election offices remove possible noncitizens from voter rolls or separate their ballots. The department noted that Thompson ruled before the federal government could file its initial arguments in that specific case.
Thompson scheduled a hearing for Monday to address the appeal. This case is part of a series of legal challenges the administration has faced regarding its voter lists. A federal judge in California previously rejected a demand to force election officials to separate ballots, writing that last-minute orders could wreak havoc on the state's election. Two appellate judges agreed with that assessment.
California election officials have long contended that the list is riddled with errors. They argue they lack the time to perform the legally required process of removing voters before the election. People attest to being U.S. citizens when they register and risk felony prosecution if they cast a ballot while ineligible. The administration maintains that the list was compiled from state voter registration data and compared against federal citizenship records.
The Justice Department has issued subpoenas to election offices in California and warned that officials who knowingly let noncitizens vote could face criminal charges. The conflict has left election administrators in a position where they must manage voter rolls while facing federal pressure and legal constraints on how they handle the data.
