LA County Review Finds Nearly 40% of 200 Names on DOJ Noncitizen List Were Born in U.S., as Democrats' Election Suit Moves Forward

The lawsuit that Schumer, Jeffries and the Democratic Party apparatus filed against the Trump administration now has specific numbers behind it, and the Justice Department has put its answer on the record.

The 44-page complaint was filed in federal court in Washington, D.C., late Tuesday, Oct. 20. The defendants are President Trump, the Justice Department, the Department of Homeland Security, Attorney General Todd Blanche and DHS Secretary Markwayne Mullin. The plaintiffs also include the DSCC, the DCCC, the Democratic Governors Association, the Nevada Democratic Party and Erick Jose Jimenez, a California voter who the suit says became a naturalized citizen 20 years ago and fears being wrongly flagged as a noncitizen.

What the Los Angeles County sample shows

The sharpest data point comes from court papers filed Tuesday by two officials in the Los Angeles County registrar's office. They reviewed 200 individuals from the DOJ's list of roughly 20,000 California voters accused of being ineligible.

Nearly 40% of the 200 "indicate that they were born in the United States, which is strong evidence of citizenship," the officials wrote. And 71.2% of the records show no voting history.

The officials called the work a "preliminary analysis." It covers about 1% of the list, and the filing does not say how many of the other names are or are not noncitizens.

Separately, the plaintiffs say a "cursory sample review" of more than 7,000 people on the list with Los Angeles addresses found over 25% listed a U.S. birthplace.

The Nevada and California demands

The complaint cites an Oct. 13 DOJ demand that California withhold or set aside ballots from more than 20,000 registered voters suspected of being noncitizens. Democrats say the request came "with just 48 hours' notice."

In Nevada, the suit says DHS first identified nearly 16,000 registered noncitizens, later cut the figure to 185, then "failed to substantiate even that narrower assertion after Nevada officials indicated that every single one of those voters appeared to be citizens." The complaint calls the lists "shoddily compiled" and says they "crumbled upon the barest inspection."

The plaintiffs argue Congress left voter list maintenance to the states, "subject only to a narrow civil enforcement power the administration has declined to invoke." They claim violations of the Constitution and the Voting Rights Act, and ask the court to bar federal officials from continuing the demands and the threats.

The threats at issue

The suit points to a Truth Social post by Trump earlier this week saying Los Angeles County election officials "will all go to jail for a long period of time!!!" if they count votes from alleged noncitizens. It also cites a Monday social media post from Aaron Reitz, U.S. Attorney for the Southern District of Texas, vowing to "hunt" and "prosecute" anyone who violates federal election law.

Blanche has said he would "absolutely" consider taking the issue to the Supreme Court. Mullin has said DHS will penalize states that do not cooperate.

Schumer wrote on X Wednesday: "Trump knows he can't win a fair fight, so he's resorted to bullying election officials into stripping Americans of their right to vote."

The administration's position

The Justice Department rejects the premise. Spokeswoman Kiersten Pels said California is engaged in "willful blindness."

"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," Pels said. "California cannot facilitate the violation of federal law."

Pels also said every action DOJ has taken "is grounded in the law and being litigated in open court," and that ensuring "only eligible citizens vote and that every lawful ballot is counted" is a federal requirement.

White House spokeswoman Lauren Bis said the administration is "taking decisive lawful action to protect our elections, including prosecuting election crimes." She accused Democrats of opposing "commonsense election-security measures" and said "anyone who illegally votes in our elections will be held accountable." She pointed to federal charges the administration has brought against noncitizens for voting or registering.

Background and timing

AFP reported that official data show noncitizen voting in federal elections is marginal, and that several Trump administration attempts to change voting rules before the midterms, notably restrictions on mail voting, have failed. AFP also noted that voter rolls cannot be changed on a major scale within 90 days of an election, a window that Election Day on Nov. 3 is already well inside.

Early voting has already started in places like Wisconsin, where it opened Tuesday, Oct. 20, in Eau Claire.

The case is one of several federal fights over elections. DOJ is separately suing states over access to voter registration records, citing noncitizen voting allegations. No ruling has been issued on the Democrats' request, and the 12 days left before Election Day leave little time for one.

Whether a judge acts before ballots are counted, and whether California sets any ballots aside under the Oct. 13 demand, are the open questions.