Monterey County will not hand over confidential voter data or set aside ballots for 310 people the U.S. Department of Justice labeled "likely aliens," county officials said Tuesday, Oct. 27.
The county's refusal, delivered in a formal letter to federal authorities, sets up a direct confrontation between local election officials and the DOJ ahead of the Nov. 3 midterm election.
Two federal special agents hand-delivered the demand letter to Monterey County Registrar of Voters Gina Martinez on Friday, Oct. 23, according to the King City Rustler. The letter gave officials 48 hours to identify which people on the list were citizens, turn over Social Security and driver's license details and segregate their ballots, under threat of criminal sanctions.
The county's Elections Department reviewed the list and found major problems. Of the 310 names, 168 were not registered to vote in Monterey County, KSBW reported. Of the 142 active registered voters, 17 were first-time voters already going through the standard federal identity validation process.
Martinez said Monday, Oct. 26, that one record on the DOJ's list included a birth year of 2037. "That's simply not possible in the record," she said.
County Counsel Susan K. Blitch wrote in her response that the registrar is legally prohibited from complying. She said the DOJ's letter did not explain the source or accuracy of its allegations and relied on unidentified third-party commercial data. Blitch also noted that a federal court blocked similar field operations in Northern California in an Oct. 21 ruling over concerns about that data.
County leaders called the demand "a direct, reckless assault on the integrity of our local elections" in a joint statement. The Registrar of Voters office said it had received calls from residents concerned about potential voter harassment.
Wendy Root Askew, chair of the Monterey County Board of Supervisors, said the federal actions could undermine public confidence in election results without evidence of wrongdoing. Askew said the effort was about sowing doubt and making people question the legitimacy of results, not about evidence of noncitizens voting.
The Monterey County dispute is part of a broader federal push. The DOJ's statewide list includes roughly 20,000 people in California it says may be noncitizens registered to vote, according to the Associated Press. Election officials said the list included 424 people across Monterey, Santa Cruz and San Benito counties, KSBW reported.
The 9th U.S. Circuit Court of Appeals dismissed the federal government's emergency appeal on Monday, Oct. 26, saying it lacked jurisdiction because the district court had not yet considered the request. A hearing before U.S. District Judge David O. Carter in Los Angeles was scheduled for Tuesday, Oct. 27.
No response from the DOJ specifically regarding the Monterey County demand letter appeared in any of the reporting reviewed.
County leaders said they are reviewing legal options they believe could address voter harassment and protect eligible voters from disenfranchisement. Martinez said the Elections Department will continue administering the election under state and federal law.
