An election integrity expert on Wednesday raised concerns about California and Washington after the Justice Department identified thousands of suspected noncitizen voter registrations, including cases in which residents told officials they were not U.S. citizens yet were still registered to vote.
In an interview with Fox News Digital, J. Christian Adams, president of the Public Interest Legal Foundation, blamed the states’ automatic voter registration systems and local officials’ refusal to use available federal tools to verify citizenship.
"Non-citizens are getting on the rolls all over the country through the motor voter program. They're going into DMV, sometimes they're even telling the DMV they’re not citizens and states are still registering them to vote," Adams said.
"That's why aliens are getting on the rolls in states like Washington and California that have automatic voter registration," he said.
California and Washington both require U.S. citizenship to register to vote, though their automatic voter registration systems differ. California DMV customers who indicate they are eligible to vote can be automatically registered, while Washington's automatic registration through the Department of Licensing is tied to transactions requiring proof of U.S. citizenship, such as obtaining an enhanced driver's license or ID.
However, federal officials said they identified more than 20,000 likely noncitizens on California voter rolls, many with addresses in Los Angeles County, and more than 400 suspected cases in Washington. The findings come just ahead of the Nov. 3 midterm elections.
Washington Secretary of State Steve R. Hobbs pushed back against the Justice Department on Wednesday, criticizing its findings for containing "several glaring deficiencies."
The list included U.S. citizens and individuals who are not currently registered to vote, Hobbs said.
"Without individualized proof of ineligibility, it would be both irresponsible and illegal for election officials to decline to process a registered voter’s ballot. If you have individualized proof, I invite you to provide it so election officials can take appropriate steps that are consistent with federal and state law," Hobbs said.
The California secretary of state also pushed back last week, saying a review of the DOJ’s data on Los Angeles County found "significant accuracy problems with their sweeping claims."
"At best, this litigation is a reckless political stunt. At worst, it threatens to disenfranchise thousands of Californians this election," the office said.
DOJ HAS VERIFIED 20,000 NONCITIZENS ON CALIFORNIA VOTER ROLLS, FEDERAL PROSECUTOR SAYS
Adams also blamed election officials for refusing to use the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database to identify noncitizens on voter rolls.
He described SAVE as the "best database there is for aliens" that is "just sitting there waiting for them to use."
"They don't want to check, they don't have to check, federal law doesn't require them to check. What federal law does is make data available through the SAVE database at DHS," Adams said.
Hobbs criticized the DOJ’s reliance on the SAVE database, calling it "unreliable" and arguing that the absence of a citizenship record does not establish immigration status.
"It cannot rely on the mere absence of a name from the SAVE database or the Department’s assertions based on the vague and untested methodology described in the lawsuit against California," Hobbs said.
MORE THAN A QUARTER-MILLION NONCITIZENS MAY BE REGISTERED TO VOTE IN 4 KEY STATES, DHS ALLEGES
As a result of lax regulations, Adams said his team has identified major voter roll issues in California beyond noncitizen registration, including duplicate registrations and registrations associated with deceased residents.
"It's what we expect now from California because partisan politics has taken over election administration in that state," he said.
"They think it's part of the program to disenfranchise people if they check citizenship, but it's not," he added. "They're saying that everything's fine here. ‘Don't look at us. We're as good as it can be,’ But the reality is they're really not using the data that are available to keep the rolls clean."
DOJ THREATENS EMERGENCY LEGAL ACTION AGAINST CALIFORNIA OVER SUSPECTED NONCITIZEN VOTERS
Meanwhile, other states, including Florida and North Carolina, have used the SAVE database and found fewer issues, according to Adams, contrasting their approach with California and Washington.
While the Justice Department's disclosure marks a rare public accounting of suspected noncitizen voter registrations, Adams said the findings will likely not affect the upcoming midterm elections.
Audits usually happen during off-election years when there is sufficient time for legal review, according to Adams. Waiting until just before an election in an even-numbered year can result in courts dismissing challenges due to "laches," a legal principle that penalizes someone for waiting too long without a valid reason to file a legal claim.
"There's very little you can do right before an election. That's why the hard work in these cases is in odd-numbered years, not in October or even-numbered years. So you really have to do this stuff early or you could lose on what's called laches," he said.
Despite the timing, Adams, who worked in the DOJ’s Voting Section more than a decade ago, applauded the department for taking the matter seriously.
"Nobody took non-citizen registration seriously until now. And that's a welcome change," he said.