Trump Administration Intensifies Voter Fraud Crackdown

The Trump administration is increasing efforts to address voter fraud just weeks before the midterms. Federal charges have been filed, and a lawsuit against California has been initiated due to concerns over ballots linked to potential noncitizens.

Federal Charges and Lawsuit

The Justice Department announced charges against 28 individuals in California for election-related offenses. This action followed a lawsuit aiming to prevent counting ballots from over 20,000 people considered “likely” noncitizens. California officials dispute these claims, labeling the list as unverified.

The Justice Department has charged 113 people in 20 states over the past seven weeks for illegal voting or registration offenses.

October announcements highlight this enforcement surge:

• October 5: Charges against 16 noncitizens.
• October 12: Charges against 16 individuals for illegal voting and fraudulent registration.
• October 16: Charges in North Carolina, New York, and Idaho.
• October 19: 28 individuals charged in California’s Operation Protect the Vote.

The charges involve various allegations, but all defendants are presumed innocent until proven guilty in court.

California’s Response

The DOJ argues that over 20,000 people on California’s voter rolls are “likely” noncitizens and that their ballots should be set aside pending citizenship verification. California rebuffed this, stating inadequate information was provided to verify the list.

Secretary of State Shirley Weber emphasized the state’s existing safeguards against noncitizen registration.

Prosecutors claim that some of the 28 charged individuals falsely declared U.S. citizenship when registering, with some participating in federal elections. However, it’s unproven that anyone on the list of 20,000 voted unlawfully.

Legal Implications for Officials

Federal prosecution could be possible for election officials who knowingly facilitate election violations. Yet, DOJ warnings don’t indicate proven criminal liability.

Defense attorney Michael T. van der Veen explains that merely identifying likely noncitizens as voters doesn’t imply election officials committed a crime. Proof requires intentional facilitation of unlawful voting.

The DOJ’s warning is rooted in federal laws barring noncitizen voting and punishing those abetting federal crimes. Prosecutors need to prove crime occurrence, with officials knowingly aiding or intending to aid in its facilitation.

Constitutional law expert Mark Graber highlighted the necessity to demonstrate an official’s awareness of a voter’s ineligible status to establish liability.

David Froomkin, election law professor, argued that mere facilitation of voting by ineligible individuals isn’t a legitimate legal claim since criminal laws demand a knowing violation of voter eligibility rules.