The San Luis Obispo County District Attorney’s Office is investigating concerns about the eligibility of 63 people registered to vote in the county after federal authorities raised questions about their citizenship.
District Attorney Dan Dow said his office is looking into two separate matters involving potential unlawful voting, including one brought forward by the U.S. Department of Justice involving the 63 voter records.
Dow said investigators would need evidence showing someone both voted and was not legally eligible to vote before his office could determine whether criminal charges are warranted.
As soon as we have gathered enough evidence to prove that any of them, one, have voted, and two, are not eligible based on some criteria, including whether or not theyre a citizen, then we will at that time determine if we can file charges against them, Dow said.
The investigation comes after the San Luis Obispo County Elections Office received a list from the Justice Department identifying registered voters federal authorities flagged as potential noncitizens.
County Clerk-Recorder Elaina Cano said the Justice Department asked her office to set aside those voters’ vote-by-mail ballots, meaning the ballots would be segregated and not processed until the voters’ citizenship could be confirmed.
Following the request, Cano released a statement questioning whether the federal government’s list alone provided the legal authority to take that step.
A list of individuals alleged to be ineligible to vote does not, on its own, authorize our office to set aside their ballots or disregard established election law, Cano said.
At the time, Cano said her office was reviewing the matter and determining an appropriate formal response.
On Wednesday, a federal judge rejected the Justice Department’s effort to require California to set aside ballots from thousands of voters whose citizenship had been called into question. The Justice Department is appealing that ruling.
Separate from the federal referral, Dow said Cano also alerted his office to several other matters involving possible unlawful voting in the current election.
Cano has said her office takes allegations of improper voter registration seriously and will cooperate with lawful investigations conducted through appropriate channels.
Dow said his office intends to investigate credible referrals to maintain public confidence in local elections.
My intent is that we look at every credible referral and we investigate all because every American, every citizen in SLO County should be able to trust our elections, Dow said.
No one has been charged at this point. Dow said investigators must first gather enough evidence to determine whether any laws were violated and whether charges are warranted.