DOJ Sues Orange County Over 17 Non-Citizen Voter Records, Citing Federal Law Violation

The U.S. Department of Justice (DOJ) has filed a lawsuit against Orange County, California, and its Registrar of Voters, Robert Page, for allegedly refusing to provide unredacted records related to the removal of non-citizens from voter registration lists. The lawsuit, announced on June 25, 2025, claims the county is violating federal election laws, specifically the Help America Vote Act (HAVA) and the National Voter Registration Act (NVRA), by withholding sensitive voter information.

The dispute centers on 17 individuals identified by Orange County as non-citizens who were registered to vote over a five-year period. According to the DOJ, the action was prompted by a complaint from a family member of a non-citizen who reportedly received an unsolicited mail-in ballot. Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division stated, "Voting by non-citizens is a federal crime, and states and counties that refuse to disclose all requested voter information are in violation of well-established federal elections laws."

Orange County Registrar Bob Page provided federal authorities with some information, including names, dates of birth, and addresses of the 17 individuals. However, the county redacted sensitive personal details such as Social Security numbers, driver’s license numbers, voter identification numbers, and images of signatures, citing California state privacy laws. County counsel Leon Page explained that federal officials had not provided a subpoena or clear legal authority requiring the disclosure of such protected information.

The county had proposed a confidentiality agreement to share the sensitive data, but the DOJ rejected this offer, insisting that the redacted records were insufficient to assess compliance with HAVA. Orange County Supervisor Don Wagner, a Republican, expressed frustration, stating, "We invited this lawsuit. The county’s only interest is in having the cleanest possible voter rolls so that every eligible voter may vote, but only eligible voters may vote." Conversely, Supervisor Katrina Foley, a Democrat, defended the county's stance, emphasizing the importance of protecting voter privacy under state law.

This lawsuit marks the second voting-related legal action by the current administration, following a similar case against North Carolina. Election law experts, such as Justin Levitt of Loyola Marymount University, have described the lawsuit as "a little weird," noting that government agencies typically negotiate information sharing rather than resorting to immediate litigation, especially over a "pretty small number of records." The case highlights ongoing tensions between federal voter integrity efforts and state-level privacy protections.