An election integrity expert raised concerns Wednesday about California and Washington after the Justice Department identified thousands of suspected noncitizen voter registrations, including cases in which residents told officials they were not U.S. citizens yet were still registered to vote.

In an interview with Fox News Digital, J. Christian Adams, president of the Public Interest Legal Foundation, blamed the states’ automatic voter registration systems and local officials’ refusal to use available federal tools to verify citizenship.

"Noncitizens are getting on the rolls all over the country through the motor voter program. They're going into (the) DMV. Sometimes they're even telling the DMV they’re not citizens, and states are still registering them to vote," Adams said.

"That's why aliens are getting on the rolls in states like Washington and California that have automatic voter registration."

FEDERAL OFFICIALS IDENTIFY 400 NONCITIZENS REGISTERED TO VOTE IN WASHINGTON STATE: 'TIP OF THE ICEBERG'

California and Washington both require U.S. citizenship to register to vote, though their automatic voter registration systems differ. California DMV customers who indicate they are eligible to vote can be automatically registered, while Washington's automatic registration through the Department of Licensing is tied to transactions requiring proof of U.S. citizenship, such as obtaining an enhanced driver's license or ID.

However, federal officials said they identified more than 20,000 likely noncitizens on California voter rolls, many with addresses in Los Angeles County, and more than 400 suspected cases in Washington. The findings come just ahead of the Nov. 3 midterm elections.

Washington Secretary of State Steve R. Hobbs pushed back against the Justice Department on Wednesday, criticizing its findings for containing "several glaring deficiencies."

The list included U.S. citizens and individuals who are not currently registered to vote, Hobbs said.

"Without individualized proof of ineligibility, it would be both irresponsible and illegal for election officials to decline to process a registered voter’s ballot. If you have individualized proof, I invite you to provide it so election officials can take appropriate steps that are consistent with federal and state law," Hobbs said. 

The California secretary of state also pushed back last week, saying a review of the DOJ’s data on Los Angeles County found "significant accuracy problems with their sweeping claims."

"At best, this litigation is a reckless political stunt. At worst, it threatens to disenfranchise thousands of Californians this election," the office said. 

DOJ HAS VERIFIED 20,000 NONCITIZENS ON CALIFORNIA VOTER ROLLS, FEDERAL PROSECUTOR SAYS

Adams also blamed election officials for refusing to use the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) database to identify noncitizens on voter rolls.

He described SAVE as the "best database there is for aliens" that is "just sitting there waiting for them to use."

"They don't want to check. They don't have to check. Federal law doesn't require them to check. What federal law does is make data available through the SAVE database at DHS," Adams said.

Hobbs criticized the DOJ’s reliance on the SAVE database, calling it "unreliable" and arguing that the absence of a citizenship record does not establish immigration status.

"It cannot rely on the mere absence of a name from the SAVE database or the department’s assertions based on the vague and untested methodology described in the lawsuit against California," Hobbs said.

MORE THAN A QUARTER-MILLION NONCITIZENS MAY BE REGISTERED TO VOTE IN 4 KEY STATES, DHS ALLEGES

As a result of lax regulations, Adams said his team has identified major voter roll issues in California beyond noncitizen registration, including duplicate registrations and registrations associated with deceased residents.

"It's what we expect now from California because partisan politics has taken over election administration in that state," he said.

"They think it's part of the program to disenfranchise people if they check citizenship, but it's not," he added. "They're saying that everything's fine here. ‘Don't look at us. We're as good as it can be,’ But the reality is they're really not using the data that are available to keep the rolls clean."

DOJ THREATENS EMERGENCY LEGAL ACTION AGAINST CALIFORNIA OVER SUSPECTED NONCITIZEN VOTERS

Other states, including Florida and North Carolina, have used the SAVE database and found fewer issues, according to Adams, contrasting their approach with California and Washington.

While the Justice Department's disclosure marks a rare public accounting of suspected noncitizen voter registrations, Adams said the findings will likely not affect the upcoming midterm elections.

Audits usually happen during off-election years when there is sufficient time for legal review, according to Adams. Waiting until just before an election in an even-numbered year can result in courts dismissing challenges due to "laches," a legal principle that penalizes someone for waiting too long without a valid reason to file a legal claim.

"There's very little you can do right before an election. That's why the hard work in these cases is in odd-numbered years, not in October or even-numbered years. So, you really have to do this stuff early, or you could lose on what's called laches," he said.

Despite the timing, Adams, who worked in the DOJ’s Voting Section more than a decade ago, applauded the department for taking the matter seriously.

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"Nobody took noncitizen registration seriously until now. And that's a welcome change," he said.

Virginia Gov. Abigail Spanberger’s effort to restore voting rights to tens of thousands of convicted felons sparked controversy Thursday after an attorney obtained an executive citation addressed to "Betty No Last Name," purportedly notifying the recipient that her voting rights had been restored.

The citation identifies No Last Name as one of more than 66,000 Virginians whose rights to vote, serve on juries and seek public office have reportedly been restored under Spanberger's administration. The controversy comes ahead of a Nov. 3 ballot measure that would make voting rights restoration automatic upon release from prison.

"It’s a big deal," said Virginia Beach attorney Tim Anderson, who first obtained the citation for No Last Name and shared it with Fox News Digital.

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"It’s clear [Spanberger] didn’t sign it. No governor and no secretary of the commonwealth would sign a restoration order that says Betty No Last Name, so they’re not looking at it; they didn’t review anything," Anderson told Fox News Digital in an interview Thursday. Each citation bears the signatures of the governor and Secretary of the Commonwealth Candi Mundon-King.

"Whereas, Betty No Last Name, by reason of conviction(s), suffers political disabilities …," the citation obtained by Fox News Digital says.

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Anderson said he obtained the citation through a public records request to the Chesapeake Sheriff's Office after reports emerged that restoration notices had been sent to felons who are now deceased. He said the document originated from Spanberger's office and was sent to the sheriff's office.

He speculated that the citations were generated through a mail merge of records and signed using an autopen despite language in the documents indicating that each case had been individually reviewed.

Former Virginia Attorney General Jason Miyares also questioned whether the administration had individually reviewed the restoration cases.

"Four mentions of ‘Betty No Last Name’ and still no last name. I’m thinking perhaps Abigail Spanberger’s ‘individualized review’ is just imaginary," Miyares said in a statement.

Fox News Digital reached out to Spanberger, Mundon-King and the Chesapeake Sheriff's Office for comment. A sheriff's office official also confirmed veracity of the citation received in No Last Name's name, and provided an additional copy to Fox News Digital.

Anderson said he found the questionable citation after contacting only a handful of Virginia law enforcement agencies and believes similar cases may exist elsewhere in the state. He also suggested that officials whose signatures appear on the citations could face criminal liability if the documents were found to be fraudulent, potentially resulting in forfeiture of office.

Anderson’s finding went viral on social media Thursday, and critics pointed out how No Last Name’s citation colored the upcoming ballot question on automatic rights restoration for felons.

Some Virginia lawmakers have called for an independent audit of Spanberger's rights-restoration process. State Sen. Glen Sturtevant, R-Chesterfield, who has called for the audit, said reports have since emerged of restoration citations being sent to deceased individuals.

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"Now a certificate for "Betty No Last Name," signed by the governor. Still no audit. Vote no on Question 3," Sturtevant said in a statement.

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"Congratulations to Betty No Last Name," added Del. Wren Williams, R-Stuart. "You can now vote in Virginia."

A federal judge rejected the Justice Department’s request for a temporary restraining order that would have barred California from counting mail ballots from more than 20,000 alleged noncitizen voters, saying the election "is already underway."

U.S. District Judge David Carter, in a ruling issued late Wednesday night after a hearing in Los Angeles, said the government's request "would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens."

The Justice Department immediately appealed the decision to the Ninth Circuit Court of Appeals.

CALIFORNIA MUST RESPOND TO DOJ'S EMERGENCY REQUEST OVER BALLOTS MAILED TO ALLEGED NONCITIZENS, COURT RULES

"The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens," U.S. Attorney Bill Essayli wrote on X. "Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution. The Solicitor General authorized an immediate appeal. We filed our Notice of Appeal and will immediately seek an emergency order from the Ninth Circuit."

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California mails ballots to all 23 million of its registered voters. More than 3.7 million people have already voted in the state, including more than 500,000 ballots already processed this week with the ballot already out of the envelope, according to court filings.

It would be impossible to know which ballot belonged to a particular voter now, according to Los Angeles County officials.

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"Eroded trust in our democracy is irreparable," Judge Carter, appointed by former President Bill Clinton, wrote. "Once a vote is segregated, lasting harm has occurred. If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process."

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Carter said that "states have control over their elections," but the federal government claims it has evidence the state refuses to accept that there are 20,000 noncitizens registered to vote in the state of California.

President Donald Trump has repeatedly insisted that states are not doing enough to stop noncitizens from voting, which he says is widespread.

Carter said the Justice Department never explained why counting ballots would impair any prosecutions under the law, and California said the DOJ's assertions relied on "suspect data."

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"There are no mysterious databases; this was laid out in publicly filed declarations," Essayli wrote Wednesday night on X. "Voter rolls were compared to USCIS immigration, Social Security, and passport records. We are not changing the rules mid-election, we are enforcing them. It’s unlawful for noncitizens to vote."

Registered voters can self-declare to be noncitizens to get removed from the voter roll, and do so while they are seeking naturalization or saying they are ineligible for jury duty.

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In Washington state, the Justice Department on Monday sent a letter asking officials not to count any ballots received from 400 voters it claims are not citizens. Washington had 5 million registered voters as of 2024, state records show.

The Associated Press and Reuters contributed to this report.

Washington's secretary of state blasted the Justice Department Wednesday after federal officials said investigators had identified more than 400 noncitizens illegally registered to vote in the state, some of whom they said had cast ballots in multiple elections dating back decades.

Washington Secretary of State Steve Hobbs pushed back against the findings, saying the state’s review of the list uncovered "several glaring deficiencies."

"This list includes United States citizens and is not reliable. Without individualized proof of ineligibility, it would be both irresponsible and illegal for election officials to decline to process a registered voter’s ballot," he said. 

"That analysis reflects a significant number of people on your list who are not currently registered to vote or are on inactive status, contradicting your representations that all the individuals included in the list will receive a ballot in this year’s election," he added. 

On Monday, the U.S. attorneys’ offices for the Eastern and Western districts of Washington said investigators had identified lawful permanent residents, or green card holders, who were registered to vote or had cast ballots.

"We have identified over 400 noncitizens who are registered to vote and have voted in multiple elections. This is only the tip of the iceberg," Neil Floyd, acting U.S. attorney for the Western District of Washington, said in a statement. 

"We will continue to investigate and identify those who are committing crimes by voting illegally."

Immigration officials told Fox News Digital Tuesday that dozens of noncitizens have also been arrested nationwide in a major voter fraud crackdown.

DOJ HAS VERIFIED 20,000 NONCITIZENS ON CALIFORNIA VOTER ROLLS, FEDERAL PROSECUTOR SAYS

In an interview with Fox News Digital, Floyd said investigators identified hundreds of noncitizen voters by reviewing U.S. Citizenship and Immigration Services (USCIS) records, which showed that some people who applied for certain benefits had also voted.

While some individuals voted only once or three times in past elections, Floyd said others voted as many as 27 times. In total, his office counted approximately 1,500 instances of noncitizens casting ballots.

He emphasized that some noncitizens had been voting for decades, predating Washington’s transition to a vote-by-mail system. 

"I think the earliest moment we have is 1984," Floyd said. "It's early ‘90s, late ’80s, I believe."

However, Floyd said he had not checked whether any of the individuals voted in the upcoming midterms, explaining that he did not want to "interfere with the current election."

The number of potential noncitizen voters could represent only a fraction of the broader population, Floyd said, because the list includes only individuals who sought certain benefits in Washington state.

NINTH CIRCUIT QUESTIONS TRUMP DOJ'S EMERGENCY REQUEST TO SET ASIDE 20,000 CALIFORNIA MAIL BALLOTS

"If you take that population, and you expand it out to include all the people that are here illegally that we haven't had contact with, just my estimation is that it's going to be in the thousands," Floyd said. 

Federal officials said many green card holders were registered to vote without their knowledge through Washington’s Motor Voter program, which integrates voter registration into the state’s Department of Licensing.

"We have heard from green card holders who were registered against their knowledge via the Washington Motor Voter program. Then they receive a ballot in the mail and assume they are legally registered — that simply is not the case," the notice said.

According to the Washington secretary of state’s website, eligible residents are automatically registered to vote only if they provide proof of U.S. citizenship during a driver’s license or ID card registration process.

Floyd said investigators identified patterns they believe contributed to noncitizens being registered to vote.

According to the DOJ notice, federal officials are asking Washington state to set aside ballots cast by the identified individuals until their citizenship status can otherwise be confirmed.

"Washington is now on notice that noncitizens are voting. It is up to the state to take action to make sure that they are not allowing these noncitizens to vote illegally," the notice said.   

The move builds on DOJ's legal action against California, where federal officials are seeking to set aside mail-in ballots from roughly 20,000 voters they allege are likely noncitizens while their citizenship status is verified.

In response, the California secretary of state’s office said last week that its review "found significant accuracy problems with their sweeping claims."

"At best, this litigation is a reckless political stunt. At worst, it threatens to disenfranchise thousands of Californians this election. Plaintiff’s sole claim—that a federal criminal prohibition on individual noncitizen voting preempts large swaths of California’s election administration—borders on the absurd. The relief Plaintiff seeks is as unlawful as it is untenable," the statement said. 

Officials warned that voting as a noncitizen can have serious consequences for those seeking to become U.S. citizens. Potential criminal charges include making false statements in a naturalization application, and some individuals could also face charges for fraudulent voter registration.

On Tuesday, the Department of Homeland Security told Fox News Digital numerous illegal aliens had also admitted to unlawfully registering to vote or casting ballots in U.S. elections.

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Of the dozens of suspects arrested, at least 18 had voted in a federal election. 

The individuals were from a range of countries, including Mexico, Somalia, Honduras, Guyana, Cuba, Germany, Nicaragua, Venezuela, Vietnam, El Salvador, Cambodia, Guatemala, Portugal and Italy.

Many also faced charges for numerous alleged crimes, including counterfeiting, fraud, kidnapping, DUI, sexual offenses, assault with a dangerous weapon, drug possession and burglary.