Attorney General Clark Joins Coalition Opposing DOJ’s Frivolous Challenge to California Elections

Attorney General Charity Clark today joined a coalition of attorneys general opposing the federal government's lawsuit against California as part of the Trump Administration's efforts to sow doubt in the legitimacy of the midterm elections.

In USA v. California, the administration wants to prevent California elections officials from counting the ballots of over 20,000 individuals who the U.S. Department of Justice claims, without proof, are "likely" noncitizens. The unverified claim echoes similar allegations the federal government made against 16,000 individuals in Nevada earlier this year - none of whom DOJ has confirmed to be noncitizens.

The Constitution empowers states to run elections in line with federal laws established by Congress, not dictated by the President or the executive branch. The states' amicus brief in support of California, led by Washington and joined by 20 other states and the District of Columbia, argues the Department of Justice's lawsuit has no constitutional basis, would portend chaos for state and local election officials nationwide, and creates the risk of disenfranchising voters.

The President has pushed false claims of widespread election fraud for years, which have been rejected by independent experts and dozens of court rulings where such challenges have been brought. In the last year, courts have rejected multiple executive orders and agency rules that would have taken control of elections from states, while Congress has refused to pass legislation demanded by the President that would have imposed new burdens on voters. The DOJ has also demanded confidential state voter registration lists and threatened state officials with prosecution, which more than two dozen courts have found illegal.

Joining this amicus brief led by Washington are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Virginia, and Wisconsin.