Democratic Party leaders filed a lawsuit Tuesday in the U.S. District Court for the District of Columbia challenging the Trump administration's efforts to remove voters from state rolls and intimidate election officials ahead of the midterm elections.
The complaint names as defendants President Donald Trump, the Justice Department, Attorney General Todd Blanche, the Department of Homeland Security, and DHS Secretary Markwayne Mullin. The plaintiffs include the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, the Democratic Governors Association, Senate Minority Leader Chuck Schumer, House Minority Leader Hakeem Jeffries, and Erick Jose Jimenez, a naturalized citizen and California resident.
The lawsuit alleges that the Trump administration is unlawfully interfering with elections by pressuring states to remove voters from their rolls based on inaccurate data. The complaint specifically cites the Department of Homeland Security's recent demands that states remove alleged noncitizens, arguing the action relies on "shoddily compiled lists" that have "crumbled upon the barest inspection." The complaint also charges that Trump administration officials have directed a "persistent stream of threats and intimidation" at state and local election officials. It notes that President Trump threatened last week to imprison California election officials if they counted mail-in ballots from people the administration claimed were noncitizens.
The lawsuit asks a federal court to stop the Trump administration from altering states' voter rolls, pressuring election officials, and threatening them with prosecution before the November 3 election. The plaintiffs argue that the Executive Branch has no authority to direct state voter list maintenance or determine voter eligibility.
Historical claims of widespread noncitizen voting by the administration have not withstood scrutiny. This summer, the Department of Homeland Security initially asserted that up to 16,000 voters in Nevada could be noncitizens but later scaled back that claim to 185 names. When state officials checked those names, they determined all were citizens. Earlier this month, the Justice Department sued California officials over claims of more than 20,000 noncitizens on voter rolls. A preliminary review by Los Angeles County election officials of 200 of those voters found more than half were not sent ballots and many appeared to be eligible to vote.
The Justice Department responded to the lawsuit by stating that election integrity is a top priority and that all actions taken to protect elections are grounded in law. "Ensuring that only eligible citizens vote and that every lawful ballot is counted is a requirement of federal law," Justice Department spokeswoman Kiersten Pels said. White House spokeswoman Lauren Bis characterized the lawsuit as Democrats fighting "common sense election-security measures," stating that "anyone who illegally votes in our elections will be held accountable."
The legal challenge follows a separate lawsuit filed by elected officials in Northern Virginia alleging that administration officials have unlawfully claimed authority to deploy armed federal agents to polling places.
