Republicans’ non-citizen voting myth sets stage to claim stolen election

James Cozadd, a 49-year-old plumber born in Montgomery, Alabama, has no idea why he got a letter from Alabama's top election official telling him he was potentially ineligible to vote. He was born in the US, yet the letter said he was suspected of being a non-citizen and he would have to prove his citizenship to vote.

"I've been racking my brain to try to figure out how I ended up on the list of purged voters, but I have no clue," Cozadd said in a court filing in September.

He was one of more than 3,200 voters the secretary of state asked to prove their citizenship - part of a wave of actions amid heated rhetoric among Republicans over the idea that non-citizens could be voting in large numbers in US elections, a theory that runs counter to data.

It's not just happening in Alabama. Alvaro Manrique Barrenechea, a Tennessee immigration law professor, got a letter this year claiming he could be illegally voting, despite becoming naturalized in 2019 and having the legal right to vote. And Nicholas Ross, an Ohio music professor, became a US citizen in May after nearly three decades in the country but received an accusatory letter from the Ohio secretary of state in June telling him he could be ineligible to vote because he wasn't a US citizen. Voting as a non-citizen would be a crime, it warned.

These purges are not just complicating the ability of some qualified voters to cast a ballot this year. They are also setting the stage for future laws to restrict voters' access to the ballot and are giving fuel to Donald Trump and his allies to seed doubt about the integrity of elections and undermine results if he loses in November.

Trump and other Republicans are already using the false idea that non-citizens could vote in widespread numbers to suggest the election could be stolen.

"Our elections are bad," Trump said during the 10 September debate. "And a lot of these illegal immigrants coming in, they're trying to get them to vote. They can't even speak English. They don't even know what country they're in practically. And these people are trying to get them to vote. And that's why they're allowing them to come into our country." .

There is no proof that non-citizens are voting, or even registering to vote, in any meaningful numbers. It's not the first time Republicans have made these claims, but the purges and rhetoric over non-citizen voting this year are, perhaps, at their apex.

The rhetoric makes voting an immigration issue, linking two red-meat issues for Republicans. It also aligns with broad anti-immigrant sentiment the right is advancing, with much of it stemming from a conspiracy that there is an intentional and systematic effort to replace white Americans with minorities through mass migration - the great replacement theory.

Heidi Beirich, co-founder of the Global Project Against Hate and Extremism, said the theory holds that the white population is being displaced by non-white immigrants "who will vote in a certain particular way".

"These attacks on non-citizens and voters are part and parcel of the great replacement conspiracy theory," she said. "They're indistinguishable."

David Becker, the executive director of the Center for Election Innovation and Research, said it was clear why Trump and supporters were leaning into the myth of non-citizen voting.

"This is about setting the stage to claim an election was stolen," he said. "This will be one of the primary, but among many, false claims made if Trump loses. And it will be false, but it still could be dangerous because it could incite his supporters to believing a totally secure election was stolen."

The myth of non-citizen voting has also taken hold after some of the most outlandish myths about the 2020 election weredebunked, said Walter Olson, a senior fellow at the Cato Institute, a libertarian thinktank.

"It keeps 'Stop the Steal' alive at a point where most of the other things about 'Stop the Steal' don't have much currency," he said, referring generally to the movement that tried to halt the certification of the 2020 election."

Republicans have waged an aggressive legal effort in Congress, state capitols and courtrooms to create the false impression that there are non-citizens on the rolls. Congressional Republicans are pushing a bill to address the nonexistent problem, though it is stalled in DC after a failed effort to tie it to a government funding bill.

The Republican National Committee and other Trump-aligned groups have also filed suit in a number of battleground states - including Nevada, North Carolina and Arizona - accusing election officials of not doing enough to ensure non-citizens aren't on the voter rolls. The state officials have all said there are adequate safeguards in place to ensure that only US citizens are voting.

Republican statewide officials in several states - Tennessee, Alabama, Ohio and Texas - have also launched efforts to hunt for non-citizens on the voter rolls and have flagged thousands of voters for possible removal. Voting rights groups have raised deep concerns about those efforts, saying the methodology is flawed and that states are presenting misleading statistics to give an exaggerated impression of how many non-citizens may be on the rolls.

The list of potential non-citizens flagged in Alabama has so far shown itself to be off-base, the US Department of Justice said in a lawsuit filed last week, claiming the purge was conducted illegally. In response to letters asking suspected non-citizens to provide documentation of their citizenship before voting this fall - an extra hoop to jump through before casting a ballot - more than 700 voters, nearly one in four on the list, have provided such proof.

Ross, the Ohio music professor who received a letter from the state's top election official, said he dug into why he might have been flagged and found a likely reason. He had renewed his driver's license in January, when he had a green card, which seemed to land him on the secretary of state's potential non-citizen list. He sent in paperwork to prove his citizenship after receiving the letter.

"When you do this and just look at the last driver's license, you're just netting a lot of naturalized citizens," Ross said. "And of course, my concern is, then you're creating this narrative of lots of non-US citizens trying to vote by including those numbers."

Dan Lusheck, a spokesman for the office of the Ohio secretary of state, Frank LaRose, says it found "approximately 600 non-citizens registered to vote, a relatively small number considering there are over 8 million registered voters in Ohio".

LaRose's office forwarded the flagged registrations to the state attorney general for potential prosecution, claiming some of them may have voted. Prosecutors say they have investigated and found little. A prosecutor in one county office told the Ohio Capital Journal that most cases involved people checking the box claiming they are not citizens on their registration forms. When told they should rescind their registration, almost all of them complied.

"The secretary believes that voter fraud is extremely rare because we take it seriously here in Ohio," Lusheck said. "A law that is not enforced isn't a law, it's a suggestion."

Many of the naturalized citizens erroneously on the list as non-citizens appear to have been flagged from outdated motor vehicles data. The voters may have driver's licenses that have not expired, then got their citizenship. The guidelines for what to do after you become a citizen say a driver's license can be renewed or updated, but it's not a requirement.

In Tennessee, state officials sent more than 14,000 notices to people asking them to prove their citizenship. The secretary of state's office there has since said it would not remove voters who didn't prove their citizenship. The office did not respond to a request for comment.

One of the voters targeted was Manrique Barrenechea, an immigration law professor at Vanderbilt University, who became a US citizen in 2019 and has voted since. He did not feel comfortable sending documents in the mail to prove what he believes the state should already be able to confirm.

"You're putting the burden on me to get information that you already have as government," he said.

For some immigrants, the letter may read as intimidating, he said.

"I hope it's not that they're trying to make it difficult for immigrants to vote, but it really generated an extra step to me," he said.

The Alabama secretary of state, Wes Allen, started a process to purge alleged non-citizens from the rolls within 90 days of an election, which both a private lawsuit and the justice department lawsuit claim runs afoul of federal law. Allen also referred the alleged non-citizens on the voter list to the Alabama attorney general's office for criminal investigation, which the lawsuit argues amounts to voter intimidation.

Allen's office did not respond to a request for comment.

Some eligible voters who were sent letters by Allen issued declarations in court. Cozadd, a Republican and lifelong Alabaman, received a letter claiming he had previously been issued a non-citizen identification number. He wrote in his declaration that he cannot figure out why the state would believe that.

"I was stunned to receive that letter. It feels like they are trying to make me think I've broken the law - just for trying to exercise my right to vote," he wrote.

There have been some isolated examples of states that have had relatively small problems with non-citizens on their rolls. Oregon election officials recently said they would remove more than 1,200 people from its voter rolls after they failed to provide proof of citizenship when they registered. Only nine of them had cast ballots and there are 3 million registered voters in the state.

Lorraine Minnitte, a professor at Rutgers who has studied incidents of voter fraud for decades, said that for years Republicans have seized on misunderstandings of the complex processes to maintain the voter rolls to suggest that non-citizens were voting.

What's different now is the scale at which they are claiming it's occurring.

"It's now something that has almost a national audience where in the past it was a little more isolated to places like Texas or Arizona," she said. Constant images of migrants coming over the border that are aired on Fox News and other conservative outlets, she said, had only augmented the myth.

Kate Huddleston, senior legal counsel at the Campaign Legal Center, said the messaging on this issue had ramped up over the past few years and coincided with racism and xenophobia. The misinformation about non-citizen voting could play into conspiracy theories and distrust of elections, she said.

"This is an extremely rare problem," she said. "Because people don't understand that this is extremely rare, we see laws or policies that end up sweeping in large numbers of naturalized citizens, or sweeping in folks who don't have easy access to documentary proof of citizenship, and then really taking away their fundamental right to vote."