Orange County Rejects Federal Push to Verify 1,754 Voters' Citizenship

Orange County election officials denied a request from the U.S. Department of Justice to verify the citizenship status of 1,754 residents. The county told federal prosecutors on Wednesday evening that it cannot comply with the demand, citing conflicts with state and federal election laws.

The federal government asked county officials to determine the citizenship status of the identified individuals within 48 hours. The request was sent by First Assistant U.S. Attorney Bill Essayli. It arrived at the same time that a federal judge rejected a broader attempt by the Justice Department to force California election officials to set aside ballots for 20,000 alleged noncitizen voters.

The timeline of the federal intervention began on Friday, when two federal agents hand-delivered a letter and a data storage drive to Orange County Clerk-Recorder Hugh Nguyen. The package requested that election officials segregate vote-by-mail ballots for those whose citizenship could not be determined. Essayli noted in the letter that the officials should not cancel the ballots, only hold them until status was confirmed.

The county raised an administrative issue immediately. In a letter sent Saturday, county counsel stated that the request was sent to the wrong office. They noted that Hugh Nguyen’s office handles clerical records, while Registrar of Voters Bob Page’s office is responsible for elections and voter registration. The county flagged that the USB drive might contain confidential or protected information.

Federal agents returned on Monday to hand-deliver a similar letter and thumb drive directly to Bob Page. This second letter carried Monday’s date and was addressed to the registrar. The county then prepared its formal response, which Leon Page, counsel for Orange County, submitted to Essayli on Wednesday.

In the denial letter, Leon Page outlined several legal barriers to compliance. He stated that the Justice Department’s demand violates state and federal election laws. He argued that acting on the list would substantially interfere with the election and compromise its integrity. The county noted that it is currently in the middle of adjudicating and counting more than 360,000 returned mail ballots.

Leon Page highlighted that California law relies on a voter’s attestation of eligibility under penalty of perjury. The registrar is not authorized to independently investigate citizenship status without a subpoena or court order. He pointed out that the federal government had not provided the underlying data, methodology, or individualized evidence for any person on the list.

The county also cited the National Voter Registration Act, which imposes a 90-day restriction on removing or challenging voter eligibility before a federal election. Leon Page described the Justice Department’s timing as a prohibited action during this federally protected period. He added that the county was willing to cooperate to the extent legally permissible, including providing unredacted Social Security numbers and driver’s license numbers if properly requested.

The denial coincided with a ruling from U.S. District Judge David O. Carter. Carter denied the Trump administration’s request for a temporary restraining order that would have forced California officials to segregate the mail ballots. Carter wrote that eroded trust in democracy is irreparable and that the court declined to participate in the process. He noted that once a vote is segregated, lasting harm has occurred.

Bob Page, the registrar of voters, said the county hoped to wait for Carter’s ruling before sending its response. They chose to send the letter at 5:17 p.m. on Wednesday to ensure it was delivered before the close of business. Page stated the county would revisit the matter as appropriate based on the judge’s decision in the statewide case. There are nearly 2 million registered voters in the county, and Election Day is Tuesday.