Federal Subpoenas Target Tens of Thousands of Voters in Broad Noncitizen Search Ahead of Midterms
The federal government has issued more than 100 subpoenas demanding records on tens of thousands of voters across at least a dozen states, marking an escalation of efforts ahead of the midterm elections to uncover evidence of unlawful voting by noncitizens. Most of the directives were sent to state and local election officials over the past three months, though some trace back to the beginning of the year. The sweep includes requests directed at Democratic strongholds such as Minneapolis, Philadelphia, and Los Angeles, alongside competitive regions in Republican-leaning states like Texas, Kansas, and Georgia.
At least 44 of the subpoenas were issued under grand jury authority, connecting them to criminal investigations and making them more difficult to challenge in court than administrative directives. The White House defended the initiative as a necessary safeguard, with spokesperson Lauren Bis stating that the administration is ensuring accountability for illegal voting. Conversely, legal experts and election officials warn that the records could be utilized to challenge close midterm outcomes despite multiple studies showing that noncitizen voting remains exceedingly rare.
The subpoena campaign operates alongside other federal actions, including Justice Department lawsuits against 30 states that declined to hand over sensitive voter rolls containing driver’s license numbers and partial Social Security numbers. Federal courts have ruled against the Justice Department in every voter-roll case to date, while a federal judge largely halted Homeland Security field operations in nine states on October 21. Subpoenas offer an alternative path to secure the same voter data, which legal analysts suggest could influence disputes over congressional control.
In California, where competitive House seats could determine the balance of power in the U.S. House of Representatives, the Justice Department demanded that more than 20,000 likely noncitizens on mail-in ballot lists have their votes withheld until citizenship is verified. California officials rejected the demand, stating that an internal review of 200 registrations showed nearly 40% appeared to be U.S.-born. Acting U.S. Deputy Attorney General Trent McCotter acknowledged that the list might include citizens, stating that officials are not perfect.
Federal prosecutors have accused at least 147 people of illegally voting under a federal alien voting statute since the administration took office, including 102 since September. These active cases amount to fewer than one for every million people who voted in 2024. Former prosecutors and legal analysts point out that while these numbers are too small to alter election outcomes, the investigations and related challenges could sow confusion and be used to contest narrow defeats.
Subpoena scopes vary significantly, ranging from individual records to entire local rolls with tens of thousands of entries. In Minnesota, the administration subpoenaed voting records in Anoka and Hennepin counties, where eight people have been charged with voting as noncitizens. In Massachusetts, a Trump-backed U.S. attorney targeted at least eight municipalities with grand jury requests, with some letters advising recipients to keep the subpoenas confidential. Additional subpoenas were documented in Washington, New York, Connecticut, Utah, and Michigan, while state election offices continue to handle federal requests for voter verification.
