WA-led coalition opposes DOJ’s frivolous challenge to California elections
Attorney General Nick Brown is leading a multistate coalition opposing the federal government’s baseless lawsuit against California as part of the Trump administration’s broader efforts to sow doubt in the legitimacy of the midterm elections.
In USA v. California, the administration wants to prevent California elections officials from counting the ballots of over 20,000 individuals who the U.S. Department of Justice claims, without proof, are “likely” noncitizens. The unverified claim echoes similar allegations the federal government made against 16,000 individuals in Nevada earlier this year – none of whom DOJ has confirmed to be noncitizens.
The Constitution empowers states to run elections in line with federal laws established by Congress, not dictated by the President or the executive branch. The states’ amicus brief in support of California, led by Washington and joined by 20 other states and the District of Columbia, argues the Department of Justice’s lawsuit has no constitutional basis, appears to be a deliberate act of bad faith by the administration, would portend chaos for state and local election officials nationwide if successful, and creates the intolerable risk of disenfranchising voters.
“This is more than a frivolous lawsuit against one state – it is part of the President’s inquisition against American democracy,” Brown said. “Rather than assist states with legitimate security threats, this administration has put the weight of the federal government behind the same lies that drove the violent riots of January 6, 2021.”
The President has boisterously pushed false claims of widespread election fraud for years, which have been rejected by independent experts and dozens of court rulings where such challenges have been brought. In the last year, courts have rejected multiple executive orders and agency rules that would have taken control of elections from states, while Congress has refused to pass legislation demanded by the President that would have imposed new burdens on voters. The DOJ has also demanded confidential state voter registration lists and threatened state officials with prosecution, which more than two dozen courts have found illegal.
And now, in the midst of an election to be decided weeks from now, the DOJ continues making impossible and unconstitutional demands of state and local elections officials. Their lawsuit against California asserts the federal government can direct state officials to either not count a person’s vote based on unverified allegations or else face criminal prosecution.
Congress has previously established detailed voter list maintenance requirements for states, consistent with its constitutional authority under the Election Clause. DOJ’s lawsuit does not allege any violation of those requirements, and instead seeks to invent new, unconstitutional powers over elections, the amicus brief states.
State and federal laws already provide accountability for individuals who commit voter fraud, from criminal prosecution to deportation for noncitizens. None of those laws require states to set aside their own election laws to ensure legitimate votes are counted.
Joining this amicus brief led by Washington are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Wisconsin.
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