Press Release  AG Campbell Joins Coalition Opposing DOJ’s Frivolous Challenge To California Elections

Boston — Massachusetts Attorney General Andrea Joy Campbell joined a coalition of 22 attorneys general opposing the federal government’s baseless lawsuit against California as part of the Trump Administration’s broader efforts to sow doubt in the legitimacy of the midterm elections. 

In USA v. California, the Trump Administration aims to prevent California election 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. 

“All eligible voters should be able to cast a ballot freely, safely, and without intimidation or interference,” said AG Campbell. “I am proud to stand with California in pushing back against this unlawful federal overreach that would obstruct thousands of voters’ fundamental right to cast a ballot.” 

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 argues the Department of Justice’s lawsuit has no constitutional basis, appears to be a deliberate act of bad faith by the Administration, would portend chaos for state and local election officials nationwide if successful, and creates the intolerable 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. More than two dozen courts have rejected DOJ’s demands.  

Now, with election day less than two weeks away, DOJ continues making impossible and unconstitutional demands of state and local elections officials. Their lawsuit against California asserts the federal government can direct state officials not to count a person’s vote based on unverified allegations or else face criminal prosecution. 

Congress has previously established detailed voter list maintenance requirements for states, consistent with its constitutional authority under the Elections Clause. DOJ’s lawsuit does not allege any violation of those requirements, and instead seeks to invent new, unconstitutional powers over elections. 

State and federal laws already provide accountability for individuals who commit voter fraud, from criminal prosecution to deportation for noncitizens. None of those laws requires states to set aside their own election laws that ensure legitimate votes are counted.  

Joining AG Campbell in filing this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin.  

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