Democratic groups sued the Trump administration Tuesday, accusing it of using unfounded voter fraud claims to muscle its way into how states run elections.
Why it matters: The groups say the administration is issuing a stream of threats to intimidate and bully both voters and election officials.
- They're asking a judge to declare the administration's actions unlawful and block further interference.
Driving the news: The lawsuit condemns the administration for targeting state voter rolls by insisting that local officials review federally compiled lists of alleged noncitizens on their voter rolls.
- The suit also alleges that the administration is improperly demanding that states deny ballots to registered voters based on those federal lists.
- The Democrat-aligned groups also claim the administration has attempted to intimidate state and local officials by threatening them with jail time or prosecution.
Case in point: The lawsuit cites a Department of Homeland Security claim that Nevada had nearly 16,000 noncitizens on its voter rolls.
- The department later claimed that it had confirmed 185 of those people were noncitizens. State records later indicated that all 185 were citizens.
- The DOJ also demanded that California deny ballots to more than 20,000 people based on a federal list that flagged them as suspected ineligible voters, the lawsuit says.
- A preliminary investigation by Los Angeles County investigators found that more than 25% of those flagged listed a U.S. birthplace, and others already had their voter registrations canceled.
What they're saying: "Department of Justice and DHS officials have sought to bolster their interference efforts through a persistent stream of threats and intimidation directed towards state and local election officials across the country," the groups' attorneys wrote.
- "Defendants' coercive threats of legal retaliation against state officials, including even potential imprisonment, for simply following state law and aiding registered voters in casting their ballots objectively intimidate voters and election officials alike, in violation of Section 11(b) of the Voting Rights Act."
- The suit, brought by Democratic organizations including the Democratic Congressional Campaign Committee, Democratic leaders and a voter, names Trump, the Departments of Justice and Homeland Security, and their respective heads as defendants.
The other side: "The Justice Department enforces federal election law, and election integrity is a top priority," a DOJ spokesperson told Axios in an emailed statement
- "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. Ensuring that only eligible citizens vote and that every lawful ballot is counted is a requirement of federal law."
- "We notified California that noncitizens are likely registered to vote, and we asked the state to independently verify the citizenship of any ballots cast by people on a list that we provided. It refused to do so. Federal law doesn't permit this willful blindness."
- The White House and DHS did not immediately respond to Axios' request for comment.
Zoom out: The suit also argues that the president has no constitutional authority to decide who gets to vote or dictate how states count ballots.
- Investigations and audits have found no evidence of widespread voter fraud. Research shows noncitizen voting is rare, and there's no evidence it occurs on a scale that could swing elections.
Go deeper: Trump sues California to prevent counting 20,000 voters' ballots