Donald Trump and his Republican allies are intensifying unsubstantiated claims that the upcoming Nov. 5 U.S. presidential election could be compromised by widespread voting from non-citizens. This has led to a series of lawsuits that democracy advocates argue are intended to foster distrust in the electoral process.
At least eight lawsuits have been initiated to contest voter registration procedures in four of the seven key swing states likely to determine the outcome of the election between Trump and Democratic candidate, Vice President Kamala Harris. Trump's camp asserts that this legal effort, particularly in Arizona where they are challenging the citizenship status of voters, is a measure to uphold election integrity. However, legal experts note that their filings lack substantial evidence; independent research indicates that such voting is too infrequent to influence election results.
New Mexico Secretary of State Maggie Toulouse Oliver remarked, “The former president is attempting to establish a narrative that claims, 'If I win, the election is valid; if I lose, it was rigged.'" This follows a pattern from his previous campaigns, including a brief run in 2000.
In response to requests for comment, a spokesperson for the Republican National Committee stated, "We believe our lawsuits will prevent non-citizen voting, which undermines the votes of Americans." It's a felony for non-citizens to vote in federal elections, and independent studies confirm that such occurrences are extremely rare.
Supporters of Trump argue that even one instance of illegal voting is unacceptable. Ohio Secretary of State Frank LaRose acknowledged that while non-citizen voting is uncommon, vigilance is required to maintain that status. His office identified nearly 600 non-citizens on state voter rolls, claiming that 135 had voted and another 400 were registered but hadn’t voted yet. LaRose likened it to security measures, saying, "It's illegal to hijack airplanes, but we don't eliminate the TSA."
A study by the Brennan Center for Justice revealed that Trump’s assertions of widespread non-citizen voting in the 2016 election amounted to just 30 incidents out of 23.5 million ballots cast, or 0.0001% of the total.
90-DAY RULE
Federal law prohibits significant changes to voter rolls within 90 days of an election, including purges that might target specific groups like recently naturalized citizens. Democracy advocates argue that this suggests Trump's lawsuits are less about making actual changes and more about laying the groundwork to challenge individual state results if he loses.
Dax Goldstein, senior counsel for the nonpartisan States United Democracy Center, called the lawsuits “meritless” and part of a strategic campaign to undermine public confidence in elections. Despite national polls indicating Harris holds a slight lead over Trump, the race is competitive in critical states like Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin.
If the election hinges on just a few states, a successful challenge by Trump could potentially overturn the results. Representative Anthony D'Esposito, a Republican from New York, emphasized, "If one non-citizen can vote, there’s a serious issue."
*TARGETING STATES, COUNTIES
The lawsuits, brought by Trump’s campaign, the RNC, America First Legal Foundation, and Republican state attorneys general, primarily challenge state and county election processes, alleging insufficient action against non-citizen registrations.
Rick Hasen, a law professor and election law expert, noted that while public messaging aims to convince the Republican base of election fraud, courtroom language is often more cautious.
Trump previously attempted to contest his 2020 loss to Joe Biden with over 60 lawsuits, most of which were dismissed due to lack of evidence. This year, lawsuits filed in Michigan, Pennsylvania, Kansas, and Texas allege that a Biden administration initiative to promote voter registration unfairly benefits Democrats by facilitating non-citizen registrations.
Ken Blackwell, a former Ohio secretary of state, accused the Biden administration of weaponizing federal agencies to enable non-citizen voting. A 41-page complaint from Republican attorneys general mentions non-citizen voting only once, alleging that the administration failed to consider the risks of undocumented immigrants registering.
In North Carolina, the RNC has filed lawsuits claiming that the state improperly registered approximately 225,000 voters without sufficient documentation, including some who self-identified as non-citizens during jury duty. A state elections board spokesperson stated they had complied with jury duty requirements and identified nine voters who claimed non-citizen status, noting they would be asked to cancel their registrations if their citizenship cannot be confirmed.
In Arizona, a lawsuit from America First Legal seeks to compel counties to investigate around 44,000 voters who registered without proof of citizenship. This issue relates to Arizona's two-tiered voter registration system, which mandates proof of citizenship for state elections but not for federal elections. Some Arizona political insiders, however, assert that non-citizen voting is a non-issue. Chuck Coughlin, a former Republican strategist, stated, "It's not happening. This narrative is aimed at misleading Republicans about election integrity."
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