Several states say that the Biden-Harris administration has not cooperated with their efforts to prevent noncitizens from voting.
The Department of Justice (DOJ) sued Virginia in October and Alabama in September over their efforts to remove noncitizens too close to the election. Texas, Ohio and Florida filed their own lawsuits against the administration this month for allegedly hampering their efforts, while other states told the Daily Caller News Foundation the federal government has not supported attempts to identify noncitizen voters.
A spokesperson for Montana Secretary of State Christi Jacobsen’s Office told the DCNF Jacobsen sent multiple letters to the Department of Homeland Security requesting data and is now considering suing over the “Biden-Harris administration’s refusal to comply.”
“Montanans deserve to know that our state’s voter rolls are accurate, and it’s imperative for election officials across the state and nation not to be stonewalled by our federal government to assist in our duties to ensure accurate voter rolls,” the spokesperson said.
The three lawsuits filed by Republican states made similar allegations that the DHS failed to share data.
Though the states have access to the DHS’s Systematic Alien Verification for Entitlements (SAVE) program, some argue this service is insufficient to verify citizenship status for many voters because searches can only be conducted using a unique immigration identifier, not a driver’s license or social security number. Ohio’s lawsuit claims the DHS failed to fulfill four requests for access to other data.
“While the administration is blocking access to these records, the Department of Justice is suing or threatening to sue multiple states, including Ohio, who are trying to enforce their citizenship voting requirements,” Ohio Secretary of State Frank LaRose said in an Oct. 24 statement. “It’s hardly a coincidence.”
We all need to know who in the Biden-Harris administration is refusing to give Ohio’s Secretary of State access to the federal database that states are supposed to be able to use to verify citizenship
We also need to know why Dems are working so hard to let noncitizens vote https://t.co/rvIGVrCCGD
— Mike Lee (@BasedMikeLee) October 30, 2024
Alabama launched its initiative to remove ineligible voters in August after the federal government declined “repeated requests” to provide a list of noncitizens in the state, according to a statement from Secretary of State Wes Allen.
A spokesperson for the South Carolina State Election Commission told the DCNF the commission requested assistance in August, only to receive a response in October stating the DHS was unable to offer an “alternative process” to verify the citizenship of voters.
Additionally, sixteen attorneys general sent Mayorkas a letter Oct. 14 expressing “grave concerns that by failing to work with States to verify voter registration information, your office has failed to discharge its duty ahead of a national election.”
“Despite your federal obligation, your office has provided delayed and inadequate responses to requests by several of the undersigned States for assistance in verifying voter registration information,” the letter states. “We are deeply troubled by DHS’s refusal to grant access to its Person Centric Query Service (PCQS) database based on its unsubstantiated claim that the information is not ‘appropriate’ to verify voter registrants.”
The spokesperson said he is not aware of receiving any DHS response to the letter.
Only American citizens should vote in our elections.
But the Biden-Harris admin refuses to hand over data @IowaSOS needs to keep over 2,000 self-reported non-citizens out of the voting booth.@chuckgrassley and I are demanding IMMEDIATE answers to ensure a secure election
pic.twitter.com/g1SUpYU4g7
— Joni Ernst (@SenJoniErnst) November 1, 2024
The Supreme Court allowed Virginia on Wednesday to remove individuals the state said self-identified as noncitizens from the voter rolls.
A federal judge ruled Sunday that Iowa can challenge the validity of ballots cast by roughly 2,000 individuals identified as potential noncitizens in a lawsuit filed by the American Civil Liberties Union (ACLU).
“Whatever concerns Plaintiffs might have about the nature and timing of Secretary Pate’s letter, it would not be appropriate for the Court to respond by granting injunctive relief that effectively forces local election officials to allow ineligible voters to vote,” District Court Judge Stephen Locher, a Biden appointee, wrote in the ruling.
Iowa Secretary of State Paul Pate has likewise said his office encountered “roadblocks from the federal government” in identifying noncitizens.
Some states, including Kansas and Georgia, told the DCNF they have not encountered similar issues accessing federal data to identify noncitizens.
“USCIS [U.S. Citizenship and Immigration Services] has engaged with states and will continue to correspond with them directly through official channels,” a DHS spokesperson told the DCNF. “USCIS administers an online information service called SAVE that allows registered and authorized agencies, including election authorities in states, to verify certain individuals’ citizenship or immigration status.”
Editor’s note: This story has been updated to reflect comment from DHS and the South Carolina State Election Commission.
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