MONTEREY COUNTY — Monterey County officials are challenging demands from the U.S. Department of Justice to segregate ballots and disclose confidential voter information, saying the federal agency’s claims about local voter registration records are largely inaccurate.
The dispute began Friday, Oct. 23, when two federal special agents hand-delivered a demand letter to Monterey County Registrar of Voters Gina Martinez. The letter claimed 310 “likely aliens” were on the county’s voter rolls and demanded that officials segregate their ballots and provide confidential voter data within 48 hours, under threat of criminal sanctions.
An analysis by the Monterey County Elections Department found that nearly two-thirds of the 310 individuals identified in the letter are not currently registered to vote in the county. Of the records reviewed, 142 individuals are active registered voters, and 17 are first-time voters undergoing the standard federal identity validation process required before their votes can be counted.
County leaders disputed the federal government’s findings and criticized its approach, saying the Registrar of Voters office has received calls from residents concerned about potential voter harassment.
“This is proof positive that the DOJ’s information is grossly wrong and their investigation is completely misguided,” County leadership said in a joint statement. “This is a direct, reckless assault on the integrity of our local elections and a transparent attempt to undermine the incredible work of our dedicated Elections Department.”
In a formal response sent to federal authorities Tuesday, county legal counsel argued that complying with the demands would violate the law and breach voters’ trust.
“The requested action would be unlawful and a breach of voters’ trust of the highest order,” the response stated. “The Registrar of Voters cannot and will not disclose the confidential information of hundreds of County residents in response to an unsubstantiated letter… Be aware that we consider DOJ’s efforts to threaten California election officials with criminal sanctions for following federal and state law to be an effort to unlawfully intimidate both election officials and California voters.”
County Counsel Susan K. Blitch’s response said the registrar is legally prohibited from complying with the DOJ’s demands. It also challenged the federal government’s reliance on unidentified third-party commercial data, noting that a federal court blocked similar field operations in Northern California the previous week because of concerns about the data.
Wendy Root Askew, chair of the Monterey County Board of Supervisors, said the actions could undermine public confidence in election results without evidence of wrongdoing.
“This is not about evidence of non-citizen individuals voting in our elections,” Askew said. “It is about sowing the seeds of doubt, undermining public confidence, and making people question the legitimacy of election results. Free and fair elections depend on public trust, and we should be deeply concerned when that trust is deliberately eroded without evidence of actual wrongdoing.”
Martinez said the Elections Department would continue administering the election in accordance with state and federal law.
“Our Elections Department operates with the highest standards of accuracy, transparency, and fidelity to the law,” Martinez said. “To that end, we will continue to operate following federal and state laws in the administration of this election. We are fully focused on conducting a free, fair, and secure election, and we will protect every single legal vote in Monterey County.”
County leaders said they are reviewing legal options to hold the DOJ accountable for actions they believe could constitute voter harassment and to prevent eligible voters from being disenfranchised.
