Donald Trump’s efforts to influence the outcome of some midterm elections have been handed a boost after the Department of Justice (DoJ) sued California alleging non-citizens had been provided with ballots.
The lawsuit, which comes despite early voting having already commenced in the state, centres on what California officials describe as unsubstantiated claims 20,000 “likely” non-citizens were enrolled to vote.
Trump has repeatedly claimed large numbers of non-citizens have voted in US elections, blaming his 2020 loss to Joe Biden on voter fraud.
However, evidence shows non-citizen voting – which is also a crime – is rare and has not meaningfully impacted recent ballots.
What does the lawsuit allege?
In its filing the DoJ alleges California has provided over 20,000 “likely” non-citizens with ballots, in violation of federal voting laws.
It says federal officials notified Californian authorities “months” before ballots were distributed and called for a collaborative effort to identify non-citizens.
“California made no serious effort to do so,” the DoJ claims, which prompted federal officials to follow up with an ultimatum.
State authorities were given a 48-hour deadline to review a list of the roughly 20,000 people the DoJ identified as non-citizens, which was rejected by Los Angeles County Registrar Dean Logan.
The DoJ argues California should now be made to set aside all ballots returned by those on the list, a move which could result in some voters being disenfranchised.
How has California responded?
California Secretary of State Shirley Weber has repeatedly pushed back against pressure from the Trump administration over voters rolls.
Earlier this year, Department of Homeland Security (DHS) officials claimed there were as many as 190,000 non-citizens enrolled in California, but Weber said federal authorities had failed to provide its data sources or the methodology used to calculate that figure when asked.
In a letter to the DoJ, the details of which were first published on Thursday, Weber again pushed back while noting voting in the state had already begun.
Federal officials were “demanding unprecedented measures that threaten thousands of Californians’ right to vote, based on unverifiable information or methodology that you still fail to explain or provide,” Weber said.
She added the lawsuit was “an emergency of the DoJ’s creation”.
Asked about the DoJ’s actions at a press conference on Thursday, California Attorney General Rob Bonta told reporters the state would not comply with requests to withhold ballots.
He added the Trump administration’s push violated a federal law prohibiting states from changing voter rolls within 90 days of an election.
“They are in unprecedented, baseless, lawless territory,” Bonta said.
Lawsuit latest in series of efforts to prevent midterms losses
The DoJ’s lawsuit is the latest step in a wide-ranging effort by Trump and those within his administration to prevent Republicans losing one or both houses of Congress at the midterms.
Trump has pushed for states to use a controversial DHS database to remove suspected non-citizens from voters rolls, attempted to force changes to mail-in ballots and championed efforts to redraw district lines in a bid to boost Republicans’ chances.
Despite his efforts, polls have increasingly suggested the President’s party is facing the prospect of losing both houses of Congress on 3 November.
Approval of Trump’s handling of the presidency and US economy are at or near record lows, while the majority of voters deeply disapprove of his war against Iran.
Anger over the rising cost of living could even produce some historic results in the midterms, with Republican candidates trailing in states the party has held for decades, like Kansas and Texas.