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Oficina electoral vacía con sobres y boletas en blanco sobre una mesa de madera junto a una urna gris con ranura
Sobres y boletas en blanco junto a una urna en una oficina electoral vacía. · Imagen generada para EPM

28 legal residents charged with federal election crimes

Federal agents in California arrested 11 foreign nationals among 28 lawful permanent residents charged in criminal complaints with election crimes, including…

--- The context --- In the United States, lawful permanent residence allows a person to live and work legally, but it does not include the right to vote. That line between residence and citizenship is at the center of a federal case in California involving voter registrations, mail ballots and naturalization filings. The arrests are part of Operation Protect the Vote, a coordinated effort by all four California-based United States Attorney's Offices to combat fraud in United States elections. --- The facts --- Federal agents in California arrested 11 foreign nationals among 28 charged in criminal complaints with federal crimes, including fraudulently registering to vote. Most allegedly cast illegal ballots that were fraudulently obtained, according to the complaints. All 28 defendants are lawful permanent residents (green card holders) with legal status, but they are not citizens and may not vote in United States elections. The charges include false statements in naturalization applications and, in some cases, fraudulent voter registration, both felonies carrying a maximum of five years in federal prison. According to the court documents cited, the defendants allegedly swore under oath that they were citizens in their registration applications, which were approved, and in many cases they voted illegally. They later allegedly lied in their naturalization paperwork, denying they had claimed citizenship or voted. Those arrested were expected in district court that same afternoon, with no pleas taken. A complaint contains only accusations, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt. --- The positions --- Acting Deputy Attorney General Trent McCotter argued that every illegal vote cancels out the vote of a lawful citizen and that the 28 defendants appear on a list of more than 20,000 likely noncitizen registrants provided to California election officials. He added that the state must verify the citizenship of those registrants before mail ballots are counted. First Assistant United States Attorney Bill Essayli stated that California is mailing ballots to noncitizens and refuses to comply with federal law. On Oct. 13, the federal government gave California the list so these ballots could be set aside until citizenship was confirmed; the state declined to assist, prompting a federal lawsuit. John A. Condon, of Homeland Security Investigations, voiced a commitment to fair investigations, due process and electoral integrity. --- What remains unknown --- It remains unknown whether the charges will hold in each case and how the courts will rule on the lawsuit over the ballots. It is also unclear whether California will verify the citizenship of the listed registrants before the count. --- Unanswered questions --- Will California verify the citizenship of the more than 20,000 listed registrants before counting their mail ballots? What will the courts decide on the federal request to set those ballots aside? Will the charges against each defendant hold as the cases advance? --- EPM analysis --- The case exposes a tension between two duties: keeping ineligible voters out and refusing to treat an accused person as guilty before trial. The presumption of innocence is not a formality; it is the line between a complaint and a conviction, and it protects each defendant equally. 📌 EPM Take: In EPM's view, electoral integrity is defended with rigorous verification and with due process, not with shortcuts in either direction. That fraudulent registrations were approved reveals a failure of prior screening that deserves correction, and the fact that the state and the federal government ended up in court over a voter list shows the cost of failing to cooperate in time. But no administrative failure turns a complaint into a conviction: the 28 defendants keep their presumption of innocence, and this case must be proven person by person.
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