Filing finds 42% of Trump list’s names absent from California voter files

The analysis, conducted by two data scientists from the University of California, Los Angeles (UCLA) Voting Rights Project, found that 8,880 of the 20,930 names on the list, 42 percent, did not appear anywhere in California's current voter files. The filing also found that many other names on the list were either confirmed US citizens or may correspond to US citizens.

The Trump administration sent the list to California in early October, suggesting that as many as 20,930 'likely non-citizens' were registered to vote in the state. The list forms the basis of a lawsuit filed on October 15 that calls on California to sequester any ballots sent to those 'likely non-citizens', preventing them from counting in Tuesday's midterm elections.

On Friday, the 9th Circuit Court of Appeals in San Francisco rejected the complaint a second time, ruling it unconstitutional. 'We decline the United States's invitation to contravene the Elections Clause by undermining the Constitution's plain text,' the court majority wrote.

Saturday's filing was co-signed by Xavier Becerra, the Democratic candidate to succeed Gov. Gavin Newsom, and states that 'this review proves, at least as a preponderance of the evidence, that demands of election officials under criminal and civil threats, endangers the voting rights of plaintiff CHIRLA's members and clients.'

Other states that received similar lists have also found significant errors. Nevada, for example, found that none of the names on the list it received were non-citizen voters. Such errors have raised concerns that eligible citizens could see their votes denied if the Trump administration wins its California lawsuit. The administration has threatened state officials with prosecution over potential non-citizen voting and continues to pursue the case in federal court.

Trump has expressed fear that if Republicans lose their majorities in Congress in Tuesday's elections, he could be impeached. He has a history of spreading false information about elections, including claims that his 2020 defeat was due to a 'rigged' vote. California, the most populous state and a longtime left-wing stronghold, will elect 52 seats to the House.

Critics, including Gov. Newsom, have pointed to the Elections Clause of the US Constitution, which gives states authority over election administration. All 50 states already prohibit non-citizen voting in federal elections and take measures to prevent voter fraud, which is considered exceedingly rare.