Marin County informed the U.S. Department of Justice that it cannot comply with a federal demand to set aside ballots from 48 voters whose citizenship status federal officials have questioned. On Oct. 23, agents from the U.S. Department of Homeland Security delivered the demand letter accompanied by a list of voters and court declarations from DHS employees.
After reviewing applicable state and federal laws, county officials determined that complying with the demand would likely violate laws designed to protect individual privacy and the constitutional right to vote. A preliminary review of the federal list found it to be "at best materially unreliable," according to county statements.
Registrar of Voters Natalie Adona explained the decision: "The rights of lawfully registered voters cannot depend on whether an outside list happens to include their names. Our responsibility is to protect their privacy and ensure that votes cast lawfully are counted."
With the Nov. 3 general election approaching, Marin County's Elections Department is continuing election administration focused on protecting eligible voters' rights and following applicable law. The department encouraged registered voters to cast ballots early and reminded voters that official ballot dropboxes and vote centers are available throughout the county.