Los Angeles County election officials have acknowledged in a recent court filing that they are unable to verify the citizenship status of voters, even as federal authorities warn about noncitizens on voter rolls and offer assistance to improve verification.

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The dispute centers on whether California should use federal tools to confirm voter eligibility, as the state continues to reject Department of Homeland Security (DHS) offers to cross-check records for possible noncitizens.

The filing, publicized by U.S. Attorney Bill Essayli, is part of a Trump administration lawsuit seeking to block California from counting mail-in ballots from individuals identified by federal records as likely noncitizens until their citizenship is confirmed. According to the filing, the Los Angeles County Registrar "is not equipped or authorized to verify voter citizenship because it does not independently house citizenship-related information beyond the voter attestation as identified in federal and state law."

"The Registrar is not equipped or authorized to verify voter citizenship because it does not independently house citizenship-related information beyond the voter attestation as identified in federal and state law (such as, among other things, immigration records, travel records, naturalization records, etc.) and certainly is not equipped to do so within the election period."

β€” Court filing publicized by U.S. Attorney Bill Essayli

Federal Warnings and State Response

Months before the lawsuit, DHS Secretary Markwayne Mullin sent letters to secretaries of state, including California's, warning about noncitizens on voter rolls and offering federal help to "ensure free, fair, and honest elections." The Department of Homeland Security specifically offered to help states verify voter eligibility by providing access to federal databases.

California declined to collaborate with DHS or to use the Systematic Alien Verification for Entitlements (SAVE) database, which allows states to check a person's immigration status against federal records. The state also refused an opportunity to verify the citizenship status of approximately 20,000 individuals identified by the federal government as likely noncitizens who had already been sent mail-in ballots for the current midterm election season.

The SAVE program enables states to submit information such as name, date of birth, and Social Security number to be checked against federal databases from DHS, the Social Security Administration, and the Department of State. The program is designed to help states confirm whether an individual is a U.S. citizen or a noncitizen. California, which is a sanctuary state, has opted not to use SAVE for voter eligibility checks, citing concerns about privacy, potential voter suppression, and the accuracy of federal databases.

Voter Registration Practices

Currently, individuals registering to vote in California must check a box on the federal registration form attesting under penalty of perjury that they are citizens. The court filing notes that the county registrar relies solely on this attestation and does not have access to independent citizenship records. This means that, beyond the self-attestation, there is no routine process for verifying citizenship status using external or federal data.

Critics argue this system effectively operates on the honor system, raising concerns about election integrity and the possibility that noncitizens could register and vote without detection. Supporters of the current approach point to the legal penalties for false attestation and argue that additional requirements could create barriers for eligible voters.

Republican lawmakers have sought to address these concerns through the SAVE America Act, which would require documentary proof of citizenship to register to vote and voter ID to cast a ballot. The legislation, which would amend the 1993 National Voter Registration Act, has not received Democratic support. Proponents say such measures would strengthen election security, while opponents argue they could disenfranchise eligible voters, particularly those who may have difficulty obtaining documentation.

States across the country have reported finding noncitizens on their voter rolls. In New Jersey, Democratic Governor Mikie Sherrill recently cited a "software error" that allowed about 6,600 noncitizens to register to vote prior to her tenure. New Jersey is among 30 states, including California, facing separate lawsuits for refusing to release voter rolls for review of improper or fraudulent registrations.

The issue of noncitizen voting has become a focal point in national debates over election integrity and access. While some states have moved to tighten verification procedures, others have maintained current practices, citing concerns about voter suppression and administrative burdens. The ongoing legal battles reflect broader partisan divisions over how best to balance election security with voter access.

California officials have not publicly responded to the latest court filing or the ongoing federal lawsuit. Supporters of the current system argue that existing penalties for false attestation are sufficient and that additional requirements could suppress voter participation. Opponents continue to press for more stringent verification measures, pointing to federal warnings and recent incidents in other states as evidence of potential vulnerabilities.

As the legal process continues, the outcome of the lawsuit and any changes to California's voter verification practices could have implications for election administration both in the state and nationwide. The debate highlights the ongoing tension between ensuring the integrity of the electoral process and maintaining broad access to the ballot box.