California’s Secretary of State and Department of Justice have acknowledged they do not track or maintain records on the removal of noncitizens from voter rolls, according to recent responses to public records requests from the American Center for Law and Justice (ACLJ).
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The disclosure highlights a gap in California’s voter roll oversight, as federal law requires states to keep and make available records on how they maintain voter roll accuracy. This lack of recordkeeping has raised questions about the state’s compliance with federal requirements and its ability to demonstrate the integrity of its voter registration system.
The ACLJ, a legal advocacy group, submitted California Public Records Act requests to both the Secretary of State’s office and Attorney General Rob Bonta’s office. The requests sought information on how the state ensures the accuracy and integrity of its voter rolls, specifically regarding the removal of noncitizens. In response, the Secretary of State’s office stated that its statewide voter registration system "does not contain a voter status reason for cancellation due to non-citizenship," meaning it cannot report how many noncitizens have been removed from the rolls.
State Recordkeeping Practices
California’s voter registration system does track cancellations for several reasons, including death, moving out of state, or felony convictions, all of which can affect a person’s eligibility to vote. These categories are documented and maintained within the system. However, the system does not track cancellations specifically for non-citizenship. The Secretary of State’s office pointed to training manuals showing that new registrants are checked against death and felony records, as well as DMV change-of-address records. However, there is no additional verification of citizenship status beyond a self-attested checkbox on the registration form, where applicants affirm under penalty of perjury that they are U.S. citizens.
When asked for records on how complaints of illegal voting are handled, the Secretary of State’s office explained that complaints submitted through its Election Voter Complaint form are forwarded to Elections Division staff for review or investigation. However, the office did not provide records or statistics on the outcomes of these complaints. Additionally, the office stated it does not maintain statistics on investigations into illegal voting, making it difficult to assess how often such cases are reviewed or prosecuted.
Attorney General’s Response
Attorney General Rob Bonta’s office also responded to the ACLJ’s request. The Department of Justice stated it has no records or written policy specific to handling investigative referrals for illegal voting. While the DOJ indicated it had found some records that could be responsive to other requests about safeguarding voter rolls and outcomes of illegal-voting referrals, it said it needs more time to review them for potential redactions and exemptions. A further response is expected on or about August 27.
"California’s own system does track cancellations for other reasons — death, moving out of state, felony convictions — that strip voting rights. Those categories exist and are documented. The one category missing is citizenship. That’s not an oversight; that’s a choice."
— Jordan Sekulow, executive director, ACLJ
California officials emphasized that state law requires voters to attest under penalty of perjury that they meet all eligibility requirements, including citizenship, and that noncitizens are barred from registering. However, the lack of tracking or investigation records means the state cannot demonstrate how often, if ever, noncitizens are removed from the rolls or referred for investigation. This has led to criticism from groups like the ACLJ, who argue that the absence of such records represents a deliberate policy decision rather than an oversight.
Federal Law and Ongoing Review
The National Voter Registration Act, specifically 52 U.S.C. § 20507, requires states to retain and make available for public inspection records showing how they keep official voter rolls accurate and current. California’s admission that it does not keep records regarding noncitizen removals raises questions about compliance with this federal requirement. The law is intended to ensure transparency and accountability in the maintenance of voter rolls, and to allow the public to review how states are meeting these obligations.
The ACLJ has indicated it will continue to press for additional records from the California DOJ and is considering further legal action depending on the forthcoming response. California officials have not addressed whether they plan to change their recordkeeping practices in response to these concerns. The situation remains under review, with further developments expected once the Department of Justice completes its review of potentially responsive records.
The issue underscores ongoing debates over election integrity, voter eligibility, and the balance between access to the ballot and safeguards against ineligible voting. As the review process continues, both state officials and advocacy groups are likely to face continued scrutiny over how California manages and documents its voter rolls.
