Federal authorities have charged two noncitizens in New Jersey with illegally voting in federal elections and making false statements on their U.S. citizenship applications, according to the U.S. Citizenship and Immigration Services (USCIS). The charges were announced weeks after state officials acknowledged that a software error led to the registration of thousands of noncitizens on New Jersey voter rolls, raising new questions about the integrity of voter registration systems and the effectiveness of safeguards against unauthorized voting.

Explainer Voter Registration Integrity: Revealing Risks and Reform Paths for American Elections

Details of the Charges

USCIS identified the defendants as Patrick Terrence Reid, a 61-year-old Jamaican national, and Danubis Bernat, a 49-year-old Venezuelan national. Both men were charged by separate federal complaints with voting by an alien in a federal election and making false statements while applying for U.S. citizenship. According to USCIS, both individuals allegedly attested to being U.S. citizens when registering to vote and later denied having registered or voted in federal elections on their citizenship applications. USCIS statement

Reid is accused of voting in person in the 2012 and 2016 presidential elections and by mail in the 2020 and 2024 contests. Bernat allegedly voted in person in the 2024 federal election. Both men now face federal charges for these actions, which authorities say violate laws prohibiting noncitizens from participating in federal elections and from making false statements on official documents.

Software Error and Voter Registration

The charges come after a recent disclosure by New Jersey Governor Mikie Sherrill, who said a software error between June 2023 and June 2024 resulted in the registration of approximately 6,600 people who had indicated they were not U.S. citizens. Sherrill, a Democrat, stated that the error occurred before she took office and that the affected individuals were registered through the Department of Motor Vehicles, despite answering 'no' to a citizenship question during the application process.

"These individuals answered 'no' when asked on a keypad whether they were a U.S. citizen when applying for drivers’ licenses and identification cards, but through no fault of their own, the system registered them anyway."

— Gov. Mikie Sherrill, New Jersey

Sherrill has ordered the removal of these noncitizens from the voter rolls. A preliminary analysis by the governor's office indicated that hundreds of noncitizens may have voted, though the exact number has not been made public. The New Jersey Department of State declined to provide voter records or disclose the party affiliation breakdown of those registered, and Sherrill did not share this information with the Department of Justice.

Broader Concerns and Federal Scrutiny

The issue of noncitizen registration in New Jersey is not new. The Federalist previously reported that at least eight of New Jersey’s 21 counties had noncitizens listed on their voter rolls, with some individuals stating they did not understand how they became registered. The situation has drawn scrutiny from federal authorities, who are examining the adequacy of state voter registration systems and the potential for unauthorized voting.

The Department of Justice has sued New Jersey and four other states for failing to produce their full voter registration lists for federal review. This legal action is part of a broader effort to ensure transparency and proper maintenance of voter rolls nationwide. Attorney General Pamela Bondi stated, "Accurate, well-maintained voter rolls are a requisite for the election integrity that the American people deserve." Justice Department statement

Legislative Response and Debate

Republican lawmakers have pointed to these incidents as evidence of gaps in the current system and have advocated for the Safeguard American Voter Eligibility (SAVE) America Act. The proposed legislation would amend the National Voter Registration Act (NVRA) to require documentary proof of citizenship for voter registration and mandate voter ID at the polls. Under current NVRA rules, states must offer automatic voter registration at DMVs and cannot require documentary proof of citizenship for federal voter registration forms. NVRA details

Supporters of stricter registration requirements argue that such measures would prevent noncitizens from being erroneously added to voter rolls and help restore public confidence in the electoral process. Critics, including some state officials, have not publicly addressed whether additional safeguards are necessary or commented on the pending federal lawsuits. The debate over voter registration requirements and election security remains ongoing, with both sides citing the need to balance access to the ballot with the integrity of the voting process.

Ongoing Litigation and Next Steps

The Justice Department’s litigation against New Jersey and other states over voter roll transparency is ongoing. Federal officials continue to investigate the extent of unauthorized registrations and voting, while state authorities work to correct errors and update their systems. The outcome of these cases could have implications for voter registration policies and election administration not only in New Jersey but across the country.