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.

U.S. District Judge David O. Carter on Wednesday rejected the Justice Department's emergency request to force California to set aside mail-in ballots associated with more than 20,000 registered voters whose citizenship the Trump administration has questioned, ruling that the last-minute intervention would disrupt an election already underway.

The over 20,000 voters identified by Department of Justice officials as "likely aliens" were designated as such after Homeland Security Investigations and federal partners "used multiple data-enrichment and verification methods" to flag potential noncitizens on California’s voter rolls. California officials, however, disputed the list's accuracy, citing a preliminary review that identified U.S.-born individuals and voters with no voting history among those flagged.

Carter, a Clinton appointee, ruled that the Justice Department's last-minute effort to intervene in California's election violated constitutional and federal-law constraints, while questioning the reliability of the government's evidence that the flagged voters were noncitizens.

"The district court denied our emergency request to sequester ballots from 20,000 suspected noncitizens," First Assistant U.S. Attorney Bill Essayli said in a statement provided to Fox News Digital. "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."

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

The Trump administration has suffered a string of defeats in election-related cases in the lead-up to the midterm elections, raising questions whether the administration will be able to deliver on its promises of improved election integrity ahead of the 2028 presidential election. President Donald Trump and other administration officials have repeatedly raised concerns about widespread voter fraud in U.S. elections, though those claims have not been supported by evidence demonstrating fraud on such a broad scale.

California election officials argued that complying with the Justice Department's request would be virtually impossible because county election offices had already processed more than 500,000 ballots, separating them from identifying information and preventing officials from reliably linking those votes to individual voters.

Carter warned that the requested intervention would "wreak havoc and disrupt the election that is already underway," though he noted that federal authorities were free to pursue individual voting fraud cases.

Experts were divided along ideological lines in the case.

TRUMP SCORES SUPREME COURT WIN IN ELECTION INTEGRITY FIGHT AS STATES GAIN NEW VOTER ROLL TOOL

Hans von Spakovsky, an election expert at Advancing American Freedom, a Mike Pence-affiliated think tank, criticized California for refusing to comply with the DOJ’s request.

"It tells you something very revealing and unfortunately badly revealing about California officials that they don’t even want to check," von Spakovsky told The Center Square. "In California, for example, they have automatic voter registration. When you go in to get a driver’s license, they don’t ask you, ‘Would you also like to register to vote?’ The state of California just automatically registers you, and when you ask them, they say, ‘Well, it’s up to the individuals to tell us they’re not eligible to vote.’"

BIDEN-APPOINTED JUDGE BLOCKS VOTER-FRAUD PROBES IN BATTLEGROUND STATES JUST DAYS BEFORE MIDTERMS

Rick Hasen, a University of California, Los Angeles, election-law professor, meanwhile, called the Justice Department’s request a "total overreach of federal power," arguing that "the Constitution’s clear that states have the authority to run Congressional elections unless Congress passes a statute otherwise — and Congress didn’t do so here."

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The California governor’s office did not respond to a request for comment when reached by Fox News Digital on Thursday.

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."

NEWSOM SPARS WITH TRUMP-APPOINTED PROSECUTOR OVER 20,000 SUSPECTED NONCITIZENS ON VOTER ROLLS

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.

BLANCHE WON'T RULE OUT DOJ BLOCKING ELECTION CERTIFICATION IN 'DOOMSDAY' SCENARIO

"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."

STATE DEPARTMENT CONSIDERS SHARING PASSPORT RECORDS FOR VOTER CITIZENSHIP CHECKS

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."

JUSTICE DEPARTMENT CHARGES 16 ACROSS MULTIPLE STATES WITH ALLEGED ILLEGAL VOTING, ELECTION CRIMES

"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.

The Democratic Party and its U.S. Senate candidate in Alaska owe voters the truth. Not the denials Mary Peltola’s campaign keeps repeating, but the truth The New York Times documented this week.

The Times reported that Peltola campaign aides and DSCC staffers worked to recruit additional candidates — including a man named Daniel J. Sullivan — to run and peel votes away from incumbent Republican Sen. Dan Sullivan under ranked-choice voting.

Drawing on texts, documents and interviews, the paper reported that Peltola was "definitely aware" of the effort to seek out other people with the same name. The campaign and the DSCC denied involvement in the sham. But notably, none of the parties accused condemned it.

MARY PELTOLA'S CAMPAIGN, DEMS BACKED COVERT SCHEME TO FIELD SPOILER CANDIDATES IN ALASKA SENATE RACE: REPORT

This is a character test for Mary Peltola. Alaskans deserve better than this kind of chicanery. Democrats clearly think voters are too dumb to figure it out. Nobody really believed Daniel J. Sullivan’s name ended up on the ballot organically. But now the Times has provided compelling evidence.

Peltola needs to come clean. If she wasn’t involved, then she needs to have the political guts to call this out.

SEN DAN SULLIVAN BRANDS PELTOLA’S ALLEGED BALLOT SCHEME A ‘SCANDAL AT THE HIGHEST ORDER’

On the other hand, if the allegations are true, imagine what she might be willing to do once voters give her power. Someone who greenlights a namesake spoiler operation like this one, then denies it, demonstrates a lack of integrity and judgment that Alaskans should not expect from their U.S. senator. Instead of making a compelling case for Mary Peltola to represent the state, the campaign and its Democratic allies relied on lies and dirty tricks.

The denials make it even worse. All accused parties took that position in public and in the context of the federal litigation over certification. Yet we have the former campaign manager telling the Times that Peltola was "definitely aware" of the recruiting effort. We even have an Elias Law Group attorney who represents both the campaign and the DSCC being looped into related discussions. If those allegations hold, the whole team lied about it.

COURT KEEPS ‘DECOY DAN’ ON ALASKA BALLOT AS EXPERT WARNS RANKED-CHOICE SYSTEM CREATES VOTER ‘TRAPS’

These were disgusting, sleazy dirty tricks intended to cajole, manipulate and snooker voters instead of winning on the merits. The whole point was to create confusion under ranked-choice voting and distort voters’ choices.

Democrats didn’t try to persuade Alaskans. They tried to trick them. That is immoral and disingenuous, and it says everything you need to know about today’s Democratic Party — and certainly about Mary Peltola.

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She has not given Alaskans the truth. At this late hour, she still won’t call it out for what it is. That silence is the character test, and she is failing it.

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Peltola owes Alaskans the truth. She has not given it.

CLICK HERE TO READ MORE FROM JASON CHAFFETZ