A coalition of Democratic groups filed a federal lawsuit Tuesday in Washington, D.C., challenging efforts by President Donald Trump and the Justice Department to remove voters from state registration rolls, alleging the administration is unlawfully interfering with the midterm elections.
The complaint, filed by the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Association, Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries, the Nevada Democratic Party, and California resident Erick Jose Jimenez, names as defendants Trump, the Justice Department, Attorney General Todd Blanche, the Department of Homeland Security, and Homeland Security Secretary Markwayne Mullin.
According to the suit, the Trump administration has demanded that states remove alleged noncitizens from their voter rolls and has directed "a persistent stream of threats and intimidation" at state and local election officials. The complaint argues that such actions violate the separation of powers and the constitutional authority of states to oversee elections. Trump himself threatened last week to imprison California election officials if they counted mail-in ballots from people the administration claimed were noncitizens, the complaint states.
Democrats contend the administration's claims are based on "shoddily compiled lists" that have "crumbled upon the barest inspection." The suit cites recent cases that underscore this argument. In Nevada, the Department of Homeland Security initially asserted that up to 16,000 voters could be noncitizens, but later reduced its claim to 185 suspected noncitizens. State officials checked those names and determined all of them were citizens. Similarly, the Justice Department sued California over what it claimed were more than 20,000 noncitizens on voter rolls. A preliminary review of a sample of 200 voters from the DOJ's list found that nearly 40 percent indicated they were born in the United States and 71.2 percent had no voting history, according to filings from the Los Angeles County Registrar of Voters office.
The Justice Department has defended its actions as necessary to ensure election integrity. "Every action the Department has taken to protect the integrity of this year's elections is grounded in the law and being litigated in open court," Justice Department spokeswoman Kiersten Pels said Wednesday. "Ensuring that only eligible citizens vote and that every lawful ballot is counted is a requirement of federal law." The White House characterized the lawsuit as Democrats fighting "common sense election-security measures," with White House spokeswoman Lauren Bis stating that "anyone who illegally votes in our elections will be held accountable."
Trump has for years claimed that noncitizen voting is widespread, though court reviews and independent studies have found such voting to be rare. The complaint alleges this is part of a pattern stretching over a decade in which Trump has "bombarded the American people with lies and misinformation about American elections and voter fraud" and that these claims have been "debunked at every turn."
The lawsuit comes one day after elected officials in Northern Virginia filed suit alleging that the Trump administration has unlawfully claimed the authority to send armed federal agents to polling places. The legal challenge is unfolding less than two weeks before Election Day, setting up another federal court showdown over the administration's efforts to assert greater control over how Americans vote.
