Trump Administration Intensifies Voter Fraud Crackdown Ahead of Midterms

The Trump administration has intensified its efforts to address voter fraud, announcing federal charges and filing a lawsuit against California just weeks before the November midterms. The focus is on ballots linked to people identified by the government as possible noncitizens.

Federal Charges and Lawsuit

The Justice Department revealed that 28 individuals in California face election-related charges. This follows a lawsuit seeking to prevent the counting of ballots tied to over 20,000 people labeled as “likely” noncitizens by the federal government. California officials have challenged these claims, deeming the list unverified.

Threats and Warnings

The controversy has also led to threats against election workers. President Trump has warned California officials of potential jail time if ballots linked to flagged individuals are counted. The Justice Department warned that local workers who knowingly process such ballots could be investigated or prosecuted.

In the last seven weeks, the Justice Department has charged 113 people in 20 states for offenses related to illegal voting and registration, including allegations of noncitizens voting in federal elections and false registration claims.

DOJ Enforcement Actions

• October 5: Charges announced involving 16 noncitizens in election-related cases.
• October 12: Charges related to illegal voting and fraudulent registration involving 16 people.
• October 16: Charges involving 16 individuals in North Carolina, New York, and Idaho.
• October 19: Federal charges against 28 people in California as part of “Operation Protect the Vote,” resulting in 11 arrests.

These are allegations; defendants are presumed innocent until proven guilty in court.

California Officials and Ballot Concerns

The DOJ’s lawsuit asserts that California has more than 20,000 people on voter rolls likely to be noncitizens. It argues that the state should have segregated ballots linked to these individuals while verifying citizenship status. However, California officials contend they lack enough information to verify the list and defend the state’s safeguards against noncitizen voting.

The DOJ claims that some of those charged falsely declared U.S. citizenship when registering and participated in federal elections.

Legal Implications for California Election Officials

Threats of prosecution loom over California election officials, yet proving criminal liability requires specific criteria. According to Michael T. van der Veen, former attorney for President Trump, just identifying someone as a probable noncitizen doesn’t equate to an election official committing a crime by processing their ballot.

Federal laws criminalize noncitizens voting in federal elections and penalize those who aid such crimes. Prosecutors must demonstrate that an underlying crime was facilitated knowingly and intentionally by an official.

“It is not enough to show that an official’s actions inadvertently helped someone else commit an offense,” van der Veen noted. “Evidence must show deliberate participation.”

Mark Graber, a constitutional law expert, explained that proving intent is vital, noting that if a voter’s status is uncertain, an official couldn’t have known the voter was ineligible.

David Froomkin of the University of Houston concurs. “These laws require intentional rule violations,” he stated, emphasizing the complexity of proving officials knowingly facilitated illegal voting.

Feedback from Newsweek editors for this story was overseen by Robert Greenall and Ben Kelly.