The Secretary of State’s Office, in a mandatory response to the U.S. Department of Justice, says West Virginia is ensuring in a variety of ways that noncitizens aren’t voting in elections.
Noncitizens are not allowed to vote in West Virginia. The state has established several statutory and regulatory procedures to ensure that only eligible United States citizens are permitted to register and vote.
DOJ’s Civil Rights Division sent letters this week to West Virginia and other states repeatedly warning that officials could face criminal prosecution if noncitizens vote.
The West Virginia Secretary of State’s Office, which is in a federal lawsuit about turning over personal voter information to the federal government, received the letter Tuesday from Harmeet Dhillon, the U.S. Department of Justice Civil Rights Division chief.
“In addition to the Civil Rights Division’s authority to seek injunctive relief for violations of these laws, we are also authorized to prosecute criminal violations,” Dhillon wrote.
The letter made reference to the State Voter Registration List along with another reference to potential criminal prosecution of state officials.
“In conclusion, any election officer, including the chief election officer of the state, who knowingly retains noncitizens on the state’s SVRL or facilitates noncitizens in receiving and casting ballots could be subject to criminal liability,” Dhillon wrote.
The letters, including West Virginia’s, demand that states explain within five days how they plan to comply with federal voter eligibility laws.
West Virginia sent its response today.
The Secretary of State letter emphasized programs in place to cooperate with the federal government, responsibility and training for local election officials to maintain voter lists and the requirement for every voter registration applicant to affirm citizenship and eligibility under penalty of perjury.
“To the extent your letter references the knowing retention of noncitizens on a state’s voter registration list, the WVSOS is unaware of any evidence establishing that West Virginia has knowingly retained noncitizens on its SVRS or knowingly permitted ineligible noncitizens to vote in federal elections,” wrote David Cook, general counsel for the Secretary of State.
“If the DOJ possesses credible information identifying specific registrations that warrant investigation, we respectfully request that such information be provided so that it may be promptly reviewed and appropriate action taken consistent with applicable federal and state law.”
The U.S. Department of Justice and the state of West Virginia are in an ongoing federal legal showdown about state election records.
The Justice Department is demanding unredacted voter data from at least 47 states, including West Virginia.
The requested information includes full names, residential addresses, dates of birth, driver’s license numbers and partial Social Security numbers. The DOJ maintains the request is to verify compliance with the National Voter Registration Act.
West Virginia’s Attorney General, representing the Secretary of State, has asked U.S. District Judge Thomas Johnston to dismiss the DOJ’s demands. The state argues that the request is legally deficient and that the voter list is a protected, internally created database that is exempt from federal production requirements.
As in the other states, lawyers for West Virginia argue the U.S. Department of Justice request is legally deficient because it lacks a specific factual basis and pursues a pretextual purpose related to immigration enforcement rather than voting rights.
So far, federal district courts have dismissed the Justice Department’s suits on the merits in states including California, Oregon, Michigan, Massachusetts, Rhode Island, Arizona, Maine, Wisconsin, Maryland, Pennsylvania, and New Hampshire.