The lawsuit, brought by the Democratic Congressional Campaign Committee, other Democratic organizations and a voter, names President Donald Trump, the Departments of Justice and Homeland Security, and their respective heads as defendants. It asks a judge to declare the administration's actions unlawful and block further interference.
The complaint alleges that administration officials have issued "a persistent stream of threats and intimidation" toward state and local election officials, including threats of jail time or prosecution, to force compliance with demands based on federal lists of alleged noncitizens on voter rolls. The suit says the administration has improperly insisted that states deny ballots to registered voters based on those lists.
As an example, the lawsuit cites a DHS claim that Nevada had nearly 16,000 noncitizens on its voter rolls. The department later said it had confirmed 185 of those people were noncitizens, but state records later indicated that all 185 were citizens. Separately, the Justice Department demanded that California deny ballots to more than 20,000 people based on a federal flagging list. A preliminary investigation by Los Angeles County found that more than 25% of those flagged listed a U.S. birthplace, and others already had their voter registrations canceled.
"Defendants' coercive threats of legal retaliation against state officials, including even potential imprisonment, for simply following state law and aiding registered voters in casting their ballots objectively intimidate voters and election officials alike," the groups' attorneys wrote.
A Department of Justice spokesperson responded in a statement: "Every action the Department has taken to protect the integrity of this year's elections is grounded in the law and being litigated in open court. Ensuring that only eligible citizens vote and that every lawful ballot is counted is a requirement of federal law." The spokesperson added that the department notified California that noncitizens were likely registered and asked the state to independently verify the citizenship of ballots cast by people on the list provided, and that California refused. "Federal law doesn't permit this willful blindness," the statement read.
Investigations and audits have found no evidence of widespread voter fraud, and research shows noncitizen voting is rare.