With just over a week until the midterm elections, Santa Clara County is pushing back against a demand from federal prosecutors and the Trump administration.
The Department of Justice recently ordered multiple county registrars to set aside and verify hundreds of ballots that the DOJ claims belong to non-citizens — a demand many say is quite literally impossible to meet.
Santa Clara County Executive James Williams sent a letter to the U.S. attorney stating that the federal government has provided no legal basis to sequester votes.
The letter, received by the Santa Clara County Registrar of Voters from federal prosecutors on Friday, demanded help identifying 902 registered Santa Clara County voters who the DOJ claims are likely not citizens. Williams explained why the county will not comply with the federal demands.
“Unsupported allegations from a letter from the federal government does not constitute a basis to sequester votes or failed to count them without a subpoena or a warrant,” Williams said.
While the county has started looking at the 902 names of possible non-citizens, Williams noted that the accuracy of the DOJ list is questionable.
“Just on the first page alone we found three duplicates. The data is messy and we’re not seeing a thoughtful list that’s backed by valid information,” Williams said.
County Counsel Tony LoPresti added that he sees no legal basis to honor the DOJ’s demand.
Voters weighed in on the federal government’s last-minute order, with some viewing it as a scare tactic.
“For this to happen so close to the election day, it’s definitely gonna scare some people and prevent them from having their voices heard for sure,” said San Jose resident Andy Bonilla.
Another San Jose resident, Manny Escarcega, noted, “They need to double check the names I believe they check anyway.”
Santa Clara County Registrar of Voters Matt Moreles said the county will continue to abide by all state and federal laws to make sure elections are secure, fair, and legal.
“We are doing everything to safeguard the privacy of voter information,” Moreles said.
San Francisco, Contra Costa and San Mateo counties received similar letters and are reportedly working with the California Secretary of State’s office to determine a response.
NBC Bay Area reached out to the Department of Justice for comment, but has not received a response.
