San Luis Obispo County District Attorney’s Office Investigating Voting Violation Referrals From Federal and County Authorities
SAN LUIS OBISPO COUNTY, Calif. (KEYT) – Local prosecutors are investigating a referral from federal authorities that 63 people are suspected of being non-citizens and registered to vote as well as referrals from county-based elections officials about potential illegal voting this election cycle.
"Every eligible voter in San Luis Obispo County should vote, and every lawful vote deserves to be protected," said District Attorney Dan Dow Thursday. "Voting is a right reserved for those who are legally eligible. If you are not a United States citizen or are not eligible to vote for any other reason, do not cast a ballot. If anyone who is not lawfully registered votes in San Luis Obispo County, my office will investigate and pursue criminal charges. We will pursue unlawful voting aggressively and fairly, following the evidence wherever it leads, without regard to anyone's politics or status in the community."
According to the San Luis Obispo County District Attorney's Office, earlier this year, federal prosecutors in Los Angeles sent a letter to the county elections office that included a list of 63 people believed to be non-citizens and registered to vote in San Luis Obispo County.
The First Assistant's Office for the Central District of California asked that the ballots of the identified people be set aside and not processed until their citizenship was confirmed at a later date detailed the local prosecutor's office.
"Federal and state laws establish clear requirements for determining voter eligibility, maintaining voter registration records, safeguarding confidential voter information, and processing ballots," San Luis Obispo County Clerk-Recorder and Registrar of Voters Elaina Cano explained in a statement earlier this week when contacted by Your News Channel. "California law also provides specific procedures for challenging a voter's eligibility and challenging a Vote-by-Mail ballot. Elections Code Sections 15105 and 15106 establish requirements governing challenges to Vote-by-Mail voters, including when and how those challenges may be made and the evidence necessary to support them. These procedures exist to protect the integrity of elections while ensuring that eligible voters are not improperly denied their right to vote."
According to the California Secretary of State's website, only U.S. citizens over the age of 18 on Election day, not currently serving a state or federal prison term for a felony conviction, and not found mentally incompetent to vote are eligible to register to vote in the state.
San Luis Obispo County elections offices were not alone in being tasked by the Trump Administration with making fundamental changes to voting procedures recently.
A federal judge ruled just yesterday that demands issued to elections officials in Los Angeles County and the California Secretary of State's Office that resulted in a federal lawsuit requesting that ballots be set aside instead of counted likely would violate federal election laws including the National Voter Registration Act of 1993, the Voting Rights Act of 1970 and the Civil Rights Act.
"The demands presented in the DOJ's letter are not a substitute for those legally prescribed procedures. A list of individuals alleged to be ineligible to vote does not, on its own, authorize our office to set aside their ballots or disregard established election law," the local elections official shared. "California law strictly governs the disclosure of confidential voter registration information. We will not release protected voter information without appropriate legal authority, nor will we alter established election procedures in response to demands that are inconsistent with our legal obligations. We take allegations of improper voter registration seriously and will always cooperate with lawful investigations conducted through appropriate channels. But cooperation does not mean setting aside the laws we are sworn to uphold."
In Thursday's announcement, the District Attorney's Office shared it is simultaneously investigating the list of 63 people provided by the Justice Department as well as referrals from San Luis Obispo County elections officials regarding potential illegal voting in this election cycle.
Your News Channel reached out to the District Attorney's Office and the San Luis Obispo County Clerk-Recorder and Registrar of Voters Office for more information including about the number of local referrals for alleged illegal voting in this election cycle and their respective responses will be added to this article when they are received.
"With Election Day approaching on November 3, I want to assure San Luis Obispo County voters that our focus remains where it belongs: conducting a secure, fair, accurate, and transparent election," stated County Clerk-Recorder and Registrar of Voters Elaina Cano. "Our voters deserve to know that their personal information is protected, their eligibility is determined according to law, and their legally cast ballots will be counted. Those commitments are not negotiable."
