Voter Lists: DOJ Demand Contains 46 Names, Not 47

The Department of Justice identified 47 likely noncitizens on a list delivered to Butte County, yet the document actually contained only 46 distinct names. Keaton Denlay, the county clerk-recorder, found that one name appeared twice, leaving 45 unique individuals on the sheet. His office determined that 32 of those people were not on the active voter rolls for the county of 209,000 residents. Consequently, Denlay’s team was left with six names to verify against federal claims of ineligibility. The discrepancy occurred in a region north of Sacramento where local officials are managing mid-term election operations.

A federal agent from the Department of Homeland Security hand-delivered the paperwork to Denlay’s office on Friday at approximately 3:30 pm. The package included a demand letter from the U.S. attorney for the eastern district of California, signed by Eric Grant. The letter misspelled Denlay’s name as Danlay. It instructed the county to segregate the vote-by-mail ballots of the identified individuals within 48 hours. The document described the names as likely aliens who were unlawfully registered to vote. The DOJ threatened that officials who tabulated these ballots could become aiders and abettors of a federal crime.

Denlay described the physical document as a poorly formatted Excel spreadsheet with missing and jumbled information. He noted that the columns were too narrow, causing data to cut off. The list lacked critical details for 32 of the 46 entries, such as social security numbers or dates of birth. Seven names had only partial information, making cross-referencing difficult. Denlay said he did not receive a digital copy of the file. He personally reviewed the records to allow his staff to focus on election duties. He characterized the experience as a rollercoaster of emotions but stated he would not lose sleep over the federal threats.

The Justice Department has alleged that 20,000 voters in California are likely noncitizens. State officials argue that prosecutors are using unreliable data and risking the disenfranchisement of U.S. citizens. Federal leaders have recently sent letters to county registrars across the state, demanding they set aside specific ballots. A federal judge weighing the DOJ’s lawsuit has rebuked the department for threatening to charge election officials with crimes. The department has not responded to inquiries regarding the specific errors found in the Butte County list.

Other counties have reported similar issues. Francisco Diaz, the registrar of voters for San Benito County, received a list of 33 names and found some were not currently registered. He stated his office would not be intimidated by agents or rushed into compromising confidential voter data. In Orange County, the letter was delivered to the clerk-recorder, a role that handles marriage licenses and property deeds, rather than the registrar of voters. Legal experts suggest the federal threats are designed to intimidate local officials. California law requires challengers to provide extraordinary proof to dispute a voter’s eligibility.

Denlay stated that the DOJ did not meet the burden of proof required by California law. He noted that the list lacked the specificity needed to verify citizenship status. The county has not canceled any ballots, only segregated them if requested. Denlay said he is continuing to do his job in a way that supports Butte County and its voters. He emphasized that if voters are on the active list, they have met all criteria under state and federal law. The clerk added that election officials are doing everything normally required to secure a successful election. No further communication has occurred between the county and the Department of Justice since the Friday delivery.