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DOJ Sues Orange County Over Withheld Non-Citizen Voter Removal Records

Federal attorneys contend that national election laws preempt California privacy protections following the county’s redaction of identifying details in non-citizen removal filings

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An election worker sorts mail-in ballots for the 2024 Presidential election in Martinez, California, US, on Tuesday, Nov. 5, 2024. The 2024 presidential campaign was marked by two assassination attempts, a candidate switch, divisive rhetoric and warnings about the fate of democracy. Photographer: David Paul Morris/Bloomberg

Overview

  • On June 25, the Justice Department sued Orange County Registrar Robert Page in federal court for failing to produce unredacted removal records under the Help America Vote Act and National Voter Registration Act.
  • Orange County provided documents dating back to January 2020 with sensitive data redacted under state privacy statutes, omitting Social Security and driver’s license numbers, voter ID numbers, language preferences and signature images.
  • The county reported removing 17 non-citizens from its voter rolls over a five-year period, 16 of whom self-reported their ineligibility and one who was flagged by the district attorney’s office.
  • County lawyers proposed a confidentiality agreement to govern federal access to the unredacted files, but the Justice Department declined and insists federal law overrides state restrictions.
  • The lawsuit marks a key test of the Trump administration’s voter integrity agenda and raises questions about the balance between federal oversight and state election privacy rules.