Marin County is refusing to set aside ballots from 48 registered voters whose citizenship the U.S. Department of Justice has questioned, saying the federal government’s list is unreliable and compliance would likely violate voter privacy and voting-rights protections.
The refusal, announced Oct. 27 by the county, came one week before the Nov. 3 election.
The county said Department of Homeland Security agents delivered the demand letter Oct. 23, accompanied by a list of voters and declarations from two DHS employees. The letter sought cooperation in determining the 48 voters’ citizenship and demanded that their submitted ballots be held separately until their citizenship could be established.
After reviewing state and federal law, the county determined that complying would likely violate protections for voter privacy and the right to vote. Its preliminary review found the federal list to be “at best materially unreliable.”
“The rights of lawfully registered voters cannot depend on whether an outside list happens to include their names,” Registrar of Voters Natalie Adona said in the county announcement. “Our responsibility is to protect their privacy and ensure that votes cast lawfully are counted.”
Statewide dispute
The DOJ announced its lawsuit Oct. 15, alleging that more than 20,000 people it considered likely noncitizens were registered to vote in California. The department said its review compared voter-registration records with federal immigration information.
In an Oct. 26 order, a divided Ninth Circuit panel dismissed the government’s appeal for lack of jurisdiction, saying it had not given the district court adequate time to consider its request.
At the Oct. 27 hearing, U.S. District Judge David O. Carter said he was likely to appoint a special master to review evidence from both sides, CalMatters reported. Carter said he expected to issue a formal ruling Wednesday, Oct. 28, but a final decision could come after Election Day.
Marin voters can check the county’s vote-center locations and opening dates. Election questions can be directed to the county Elections Department at 415-473-6456.
