New Jersey Plays the Blame Game on Noncitizen Registration
By Justin Riemer, President, USGI, and Marshal Trigg, Counsel, USGI
Last week, New Jersey Governor Mikie Sherrill announced that a “serious software error” caused the registration of roughly 6,600 self-identified noncitizens through the state Motor Vehicle Commission’s automatic voter registration system (AVR). This occurred between June 2023 and June 2024 during the tenure of former Governor Phil Murphy, something Sherrill unsurprisingly emphasized. A preliminary review found that nearly 400 of these registrants later cast ballots.
In June 2024, the state Division of Elections flagged those same 6,600 records because they lacked party-affiliation information. Apparently, the state’s written specifications skipped the party question whenever an applicant answered “no” to citizenship. What drew the state’s attention, then, was the missing party data field, not the citizenship answers sitting alongside it. The MVC’s response was to ask its software contractor IDEMIA to change a setting so that a “no” on citizenship would automatically be treated as declining registration. That was months before the 2024 General Election, and a year after the bad registrations began. But officials didn’t act to remove the 6,600 registered noncitizens, nor did they tell then-Governor Murphy, who has denied knowledge. The result was noncitizens voting in the election.
The state blames IDEMIA. But its spokeswoman says the 6,600 records “contained correct information according to the design specifications as set out by the state,” and that the files showed the applicants had answered “no” to the citizenship question and “yes” when asked whether they wanted to register. IDEMIA says its job was to transmit that information, while election officials were responsible for validating and approving registrations.
Sherrill deserves credit for going public with the information and pledging to remove the ineligible voters, but her blame game is less becoming. As we said when Maryland blamed its vendor for a recent ballot mailing fiasco, the state, “not its vendors, is accountable to the public.” Nor can New Jersey blame software for a registration system it designed and administered. Even if IDEMIA transmitted records it shouldn’t have, election officials still received and accepted registration applications that showed an attestation of non-citizenship and left them on the voter rolls for two to three years. These are things the state has yet to explain.
This failure also exposes a lack of backstops that could have prevented this. For one, why wouldn’t New Jersey have designed AVR to simply not offer registration to those who, when obtaining a driver’s license, provided proof of identity evidencing non-citizenship status? In addition, an opt-in system, which New Jersey used before 2018, would at least have required noncitizens to choose registration rather than be walked into it. The state also ignored county officials who warned that MVC’s system presented its citizenship and eligibility questions in English, leaving some customers unable to understand them. Finally, there was a troubling lack of Elections Division audit procedures that could have revealed that the system was malfunctioning.
New Jersey was not short of information about who is ineligible. Its courts have amassed a list of about 75,000 people summoned for jury duty who have stated on jury questionnaires that they are noncitizens. Jury pools are assembled from records supplied by the Division of Elections, the Division of Taxation, and the MVC.
How many names appear in both the jury lists and voter file? The relevant agencies do not appear to have a standing process for sharing citizenship information or flagging contradicting records. Republican lawmakers have now renewed legislation that would require election officials to compare the voter database with jury records identifying people who self-report they are noncitizens.
Federal tools were available too. SAVE, the federal Systematic Alien Verification for Entitlements system, is imperfect, but it supplies exactly the check New Jersey never ran.
New Jersey’s failure also strengthens the Trump administration’s case for obtaining state voter files, at least on policy grounds. States cannot insist that federal review is unnecessary when their own systems fail to identify thousands of voters whom the government’s own records already flag as ineligible. The contractor and the MVC may have made mistakes. But election officials had these people’s written admission of non-citizenship and still kept them registered for two years after their own review revealed they were ineligible. Nearly 400 voted in the interim. Sherrill has pledged to remove them, and the state still owes an answer for why it took a formatting error to find them at all.
Alaska
The Division of Elections moved roughly 3,500 voters to its inactive list on suspicion they are not citizens, after a routine quarterly cross-check against Division of Motor Vehicles records returned about 3,500 names rather than the usual 200 or so. The state elections director told legislators that much of the data is likely “very old,” capturing people who were not yet citizens when they obtained a driver’s license and have since naturalized, and said affected voters can restore active status by confirming citizenship or cast a questioned ballot in the meantime. The director said the review was not prompted by the federal government.
Arizona
A new state law helped enable Maricopa County to get quicker election results for the July 21 primary election. The new option lets early voters check in at a vote center, show identification, and tabulate their ballot on-site, skipping the post-election signature check that has long delayed results. Officials said it helped verify more than 75,000 late-early ballots in about six hours and tabulate over 99% of ballots within roughly a day. The Grant Institute previously wrote about this new Arizona law and how it was promising for obtaining quicker election results.
State and federal officials are looking into an issue with early ballots not being delivered to Navajo County voters prior to the primary. Over 900 ballots were marked as undeliverable and returned to the county leading up to the election, a designation that typically results from incorrect mailing addresses. The county recorder stated that the addresses had been verified through state systems as correct before they were mailed out.
California
A grand jury report in Santa Cruz County found no cases of voter fraud or challenged elections in the county during the past 50 years. Additionally, the report highlighted comprehensive pre- and post-election audits and found that rejected ballots account for less than 0.001% of cast votes. The county utilized grand juries as a part of its regular election audits.
Maine
A state lawmaker wrote to the Secretary of State’s office challenging the eligibility of Troy Jackson to run for United States Senator. The letter alleges that under state election law, Jackson is ineligible because he previously filed and ran for governor. Maine law prohibits a candidate from filing for multiple offices, whether through a primary filing or nomination petition. Jackson previously ran in the gubernatorial primary but failed to advance before being nominated by the Democratic Party in a special convention for the Senate race following the withdrawal of Graham Platner.
Michigan
The Board of State Canvassers rejected the petition to recall Antrim County Clerk Victoria Bishop, whose access to the state’s qualified voter file the Bureau of Elections suspended earlier this year, finding the petition insufficient because it cited the access suspension itself rather than the specific conduct the recall alleged. The petitioner said she would resubmit with revised language.
Missouri
The Kansas City Election Board corrected a ballot error that had omitted two at-large Jackson County Legislature races from absentee ballots cast before the error was identified, affecting 251 in-person absentee voters and roughly 1,400 mail voters. The board is issuing supplemental paper ballots limited to the affected races, which must be returned by the close of polls on August 4. Ballots already cast remain valid and No-Excuse Early Voting is unaffected.
New Jersey
As discussed above, Governor Sherrill announced on July 21 that a software error in the Motor Vehicle Commission’s automatic voter-registration system had registered roughly 6,600 noncitizens between June 2023 and June 2024, about 400 of whom cast ballots. Representative Van Drew plans congressional hearings on the error and says he is exploring subpoenas. The Honest Elections Project faulted the state’s voter-list maintenance and urged it to hand the data to federal investigators.
The Attorney General’s Office asked Monmouth County election officials to turn over paper voter registration forms from 2022 through 2024. The request followed claims by the state Republican chair that the party’s task force had identified noncitizens who registered on paper applications, beyond the Motor Vehicle Commission software error already disclosed.
New York
The state legislature passed an election bill seeking to address remedies for election disruptions. Among the provisions are the ability to schedule an additional day of voting in the event of natural disasters that lead to less than twenty-five percent voter turnout, and extending voting hours in proportion to any disruptions lasting more than an hour. The bill now goes to the governor for signature.
North Carolina
The state Senate passed two election bills, splitting a House-proposed omnibus bill. One bill clarifies provisional voting and absentee curing periods, clarifies when to throw out ballots of persons who died between casting their vote and election counting, and provides regulations to allow counting of early votes and absentee ballots before the close of polling stations. The other raises campaign finance reporting thresholds, standardizes municipal election dates, and requires coordination between the Board of Elections and the federal Systematic Alien Verification for Entitlements (SAVE) system. The bills are awaiting consideration in the state House.
Ohio
Two state lawmakers introduced a resolution seeking to lower the voting age for state and local elections to 16. The measure would have to be approved by three-fifths of both state houses before being submitted to voters.
Oregon
The state Department of Justice is declining to pursue charges against 12 candidates for Portland city offices found to have “likely” violated election laws. The candidates engaged in donation-swapping with one another by agreeing to donate in exchange for reciprocal donations, which likely violates state law against use of undue influence to induce campaign contributions. The DOJ cited the expansion of the council under a new form of governance and the use of ranked-choice voting as unique circumstances mitigating against charging the individuals.
Pennsylvania
The Lancaster County Board of Elections canceled the registrations of five people improperly registered to vote through the state’s PennDOT Motor Voter program after the Pennsylvania Department of State flagged an apparent noncitizen, and it referred voters who had attempted to cast ballots to the District Attorney. The office said it is reviewing all registration records and will cancel or place holds on any that require further documentation.
Rhode Island
The Secretary of State requested that the Department of Motor Vehicles conduct an audit of the state’s records between 2017 and 2019 to identify any potential noncitizens registered to vote when issued driver’s licenses or ID cards. The years correspond to the first two years of the state’s contract with IDEMIA, the same company New Jersey utilized for their registration system. The audit request follows New Jersey finding that over 6,600 noncitizens were registered to vote.
South Carolina
The State Election Commission and the Department of Justice reached an agreement allowing South Carolina to use a condensed timeline to get ballots to military and overseas voters for the August 11 special Republican primary to replace late Senator Lindsey Graham. The DOJ agreed not to sue over the shortened schedule, which gives counties until August 1 to send requested UOCAVA ballots.
Washington
The Spokane County Elections Office disclosed a third ballot error ahead of the primary, sending about 800 voters in a new precinct ballots that left off a taxing-district measure and pushing the number affected countywide past 6,500. The office issued corrected ballots to everyone affected.
Wisconsin The state Democratic Party asked the Wisconsin Elections Commission (WEC) to rescind guidance that bars absentee voters from voiding a ballot they have already returned and casting a new one ahead of the August 11 primary. WEC’s chair said he had no plans to revisit it. The guidance reverses the commission’s prior position, which it had defended in litigation, and restores a restriction from a 2022 court ruling. More than 80,000 absentee ballots had already been returned as the Democratic gubernatorial field shifted. Opponents of the rescission sued shortly thereafter.
North Carolina
The State Board of Elections approved rule changes that would alter how county boards review voter ID exceptions and regulate conduct at polling places. The rules must still receive approval from the state Rules Review Commission before taking effect. Restoring Integrity and Trust in Elections (RITE) submitted a public comment on the proposed changes as did the Center for Election Confidence.
Arizona
Keating v. Arizona, No. CV2026-026270 (Ariz. Super. Ct., Maricopa Cnty.)
On July 26, a state court rejected a legal challenge to a ballot measure that proposes comprehensive changes to several election-related issues. The measure includes provisions enshrining citizen-only voting into the state constitution, requiring voter ID for elections, restrictions on foreign national funding, and polling place ballot tabulation. Challengers allege this combines “far-flung areas of the law” into a singular take-it-or-leave-it proposal. The case has been appealed to the state Supreme Court.
Arkansas
League of Women Voters of Arkansas v. Jester, No. 5:25-cv-05097 (W.D. Ark.)
On July 28, a federal court heard testimony regarding several state laws imposing requirements for ballot initiatives and referenda. Among the challenged laws are requirements that canvassers be domiciled in the state, that petition signers show photo identification, and that signers read the ballot title. The court issued a preliminary injunction on the laws in November, and is currently considering permanent injunctions.
California
Californians for Voter ID, Yes on 39 v. Weber, No. 26WM000193 (Cal. Super. Ct., Sacramento Cnty.)
On July 27, a group filed suit against the state Secretary of State and Attorney General over a change in the wording of a ballot initiative. The initiative in question seeks to require voters to show government ID before casting ballots. The suit seeks to strike language that the plaintiffs contend does not provide a true and impartial statement of the measure’s purpose.
Connecticut
United States v. Thomas, No. 3:26-cv-00021 (D. Conn.)
On July 17, a federal court dismissed the Department of Justice’s suit seeking Connecticut’s unredacted voter file. The DOJ appealed the decision to the Second Circuit on July 23.
District of Columbia
NAACP v. United States Postal Service, No. 1:26-cv-01151 (D.D.C.)
On July 24, the D.C. Circuit Court halted a lower court order preventing the implementation of postal service regulations restricting delivery of ballots to states that do not provide eligible voter lists to the federal government. The stay of the injunction led to plaintiffs filinga renewed preliminary injunction motion in a challenge to the same implementing regulations in the U.S. District Court for Massachusetts.
Florida
UnidosUS v. Byrd, No. 1:26-cv-22257 (S.D. Fla.)
On July 27, the Republican National Committee and Florida GOP moved to intervene as defendants in a case challenging the state’s proof of citizenship law. The lawsuit seeks to block implementation of provisions requiring prospective voters to provide documentary proof of citizenship when registering to vote.
Collins v. Fishback, No. 26-CA-001364 (Fla. Cir. Ct., 2nd Cir. Leon Cnty.)
On July 27, a state court ruled that gubernatorial candidate James Fishback met the seven-year minimum residency requirement for running for office. The suit alleged that real estate and voting records suggested that he was a legal resident of Washington, D.C. for part of the required residency period. The decision keeps Fishback on the August 18 primary ballot.
Kansas
Kansas Appleseed Center for Law and Justice v. Schwab, No. 2025CV206 (Kan. Ct. App.)
On July 27, a state court rejected a request for an emergency stay of an order restoring a three-day grace period for receipt of mail-in ballots postmarked by election day. The state Attorney General appealed the decision to the state Supreme Court.
Kentucky
United States v. Adams, No. 3:26-cv-00019 (E.D. Ky.)
On July 23, a federal court dismissed the DOJ’s suit to compel Kentucky to produce its unredacted statewide voter file. The DOJ appealed the ruling to the Sixth Circuit on July 24.
Massachusetts
Walsh v. Roof, No. 2677CV00812 (Mass. Super. Ct., Essex Cnty.); Manning-Martin v. State Ballot Law Commission, No. 2677CV00822 (Mass. Super. Ct., Essex Cnty.)
On July 10, a state court issued split decisions on allowing candidates accused of signature fraud access to primary ballots. Both Michael Walsh and Anne Manning Martin, candidates for attorney general and lieutenant governor, respectively, were accused of signature fraud in gathering signatures for primary ballot access. Walsh’s case was dismissed due to procedural defects that deprived the State Ballot Law Commission of jurisdiction, while the commission’s decision regarding the removal of Manning Martin was upheld on the merits.
League of Women Voters of Massachusetts v. Trump, No. 1:26-cv-11549 (D. Mass.)
On July 22, a federal court largely denied motions to dismiss a challenge to President Trump’s executive order regulating mail voting, finding that challengers adequately alleged standing and that their members faced a “plausibly likely and imminent” risk of disenfranchisement. A hearing on the plaintiffs’ renewed motion for a preliminary injunction is scheduled for August 7.
California v. Trump, No. 1:26-cv-11581 (D. Mass.)
On July 25, the First Circuit Court of Appeals upheld a lower court’s decision blocking provisions directing the federal government to compile lists of eligible voters and limiting the distribution of mail-in ballots. The Trump administration filed an emergency appeal to the U.S. Supreme Court on July 27.
New Jersey
Republican National Committee v. Way, No. 3:25-cv-17612 (D.N.J.)
On July 20, a federal court dismissed the Republican National Committee’s suit seeking eighteen categories of New Jersey voter-registration and list-maintenance records under the National Voter Registration Act, holding the RNC lacked standing. The committee had sued the Secretary of State in federal court in November 2025 after a failed state-court suit, and said it was weighing further legal options.
United States v. Caldwell, No. 3:26-cv-02025 (D.N.J.)
On July 29, a federal court dismissed the DOJ’s case seeking to compel New Jersey to release its unredacted voter list.
New York
United States v. Board of Elections of New York, No. 1:25-cv-01338 (N.D.N.Y.)
On July 23, the Department of Justice appealed to the Second Circuit the dismissal of its suit seeking New York’s statewide unredacted voter file.
Rhode Island
State of Illinois v. Federal Emergency Management Agency, No. 1:26-cv-00485 (D.R.I.)
On July 23, a coalition of 25 states and the District of Columbia, joined by the governors of Kentucky and Pennsylvania, filed suit in federal court challenging conditions imposed by the Federal Emergency Management Agency and Homeland Security that tie roughly a fifth of Homeland Security Grant Program funding to adopting specified election changes, including federal-database citizenship verification, a move toward hand-marked paper ballots, and federally prescribed audits, along with cooperation on immigration enforcement. The states contend the conditions violate the Administrative Procedure Act and the Spending Clause.
Tennessee
Sherman v. Hargett, No. 3:26-cv-00616 (M.D. Tenn.)
On July 23, a three-judge federal court panel declined to block Tennessee’s redrawn congressional map, finding that the challengers were unlikely to succeed.
Wisconsin
Bins v. Wisconsin Elections Commission, No. 26-CV-2400 (Wis. Cir. Ct., Dane Cnty.)
On July 23, three Dane County voters sued the Wisconsin Elections Commission (WEC) over its July 9 guidance decision to withdraw prior guidance allowing absentee voters to void a returned ballot and vote again.
League of Women Voters of Wisconsin v. Wisconsin Elections Commission, No. 2026CV002404 (Wis. Cir. Ct., Dane Cnty.) On July 23, the League of Women Voters of Wisconsin filed suit in state court seeking to let absentee voters cast an in-person provisional ballot on election day that would count only if their mailed ballot is not returned by the deadline. The suit contends WEC’s guidance barring the practice violates the state constitution.
The House adopted a budget resolution starting a party-line reconciliation process to fund up to $95 billion for the war in Iran, farm aid, and parts of the SAVE America Act.
The House passed a measure carrying Committee on House Administration Chairman Bryan Steil’s Voter ID Act, which would require voters to present valid photo identification to cast a ballot.
Hans von Spakovsky of Advancing American Freedom and Daniel Mares argue that the D.C. District Court’s ruling in League of Women Voters v. DHS, which barred states from using the modified SAVE database to verify voters’ citizenship, misreads federal law.
Vanderbilt law professor Brian Fitzpatrick defends the 6-3 decision in Louisiana v. Callais, arguing that reading Section 2 of the Voting Rights Act to require race-conscious districting cannot survive strict scrutiny. Joseph Burns, former counsel to the New York State Board of Elections, contends that House Democratic Leader Hakeem Jeffries’ push to redraw New York’s congressional map before 2028 faces steep obstacles.
The MIT Election Data and Science Lab launched the Election Resource Hub, a nonpartisan repository connecting officials and researchers to vetted findings across seven areas of election administration, from voter trust to audits. It opened with guides on building voter trust and improving in-person voting, with the rest to follow.
A study in American Politics Research by Jeffrey Milyo and others finds that partisan divisions over voting rules track partisan cues more than sincere disagreement about substantive policies. This study was commissioned by the Grant Institute.
The organizers of the annual Election Law Conference invited paper abstracts for the third annual conference, to be held February 26-27, 2027, at the USC Gould School of Law. Papers may address any topic in election law or the law of democracy. Abstracts of up to 500 words are due September 4, 2026.
The Grant Institute has potential openings for junior level attorneys and others interested in the study of election administration and voting issues. Interested candidates should please email their resume to info@grantdemocracy.org.