Nevada election: State official disputes federal data on noncitizen registration

Nevada Secretary of State Cisco Aguilar disputed federal assertions regarding noncitizen voter registration on Monday, the day before voters cast their ballots in the state's midterms. Aguilar stated that the data provided by the Department of Homeland Security could not verify individual voters and that the public claims risked discouraging participation. He described the federal approach as inappropriate and pledged to protect the election process.

The conflict centers on figures released by the Department of Homeland Security in July. The agency initially claimed that up to 15,903 noncitizens were registered to vote in Nevada. Later communications with Aguilar’s office suggested the agency identified only 185 potential noncitizens. The New York Times reported that the department characterized the larger number as a ceiling rather than a confirmed count.

Aguilar argued that the department failed to explain its methodology or provide data compatible with Nevada's current systems. The state implemented a new voter identification system that assigns unique numbers to registrants. The federal data relied on older records from previous elections. Officials could not determine if the records predated or followed the 2024 election cycle.

This dispute occurs alongside legal battles in California. The Justice Department sued California on October 15 to stop the state from counting mail ballots for approximately 20,000 individuals deemed likely noncitizens. A federal appeals court rejected that request on Friday, and the Supreme Court denied the administration’s appeal on Monday. The Justice Department also subpoenaed Los Angeles County registrar employees, ordering them to appear in court with documents related to the noncitizen claims.

Aguilar noted that the Justice Department has not filed a similar lawsuit in Nevada. He believes such a legal action would be difficult to sustain while voting is still underway. He characterized the federal pressure as a tactic driven by concerns over the midterm election results and the administration’s accountability.

The federal effort followed President Donald Trump’s prime-time address on July 16. Trump stated that the Department of Homeland Security found about 278,000 noncitizens registered in federal elections. The next day, the agency said roughly 250,000 of those individuals were in Nevada, California, Pennsylvania, and New Jersey. A Department of Homeland Security spokesperson said the agency shared a list of 6,218 individuals with Nevada at the state's request. The list contained people with the highest matching attributes to records of noncitizens.

The spokesperson stated that the department is focused on removing aliens who vote and preventing vote dilution. Homeland Security Investigations is investigating election fraud cases. Noncitizens are barred from voting by state and federal law. Research groups, including the Brennan Center for Justice, have found noncitizen voting to be rare. The Heritage Foundation database lists approximately 100 such cases nationwide.

Aguilar, a Democrat, is also under investigation by the Justice Department. The department issued at least seven voter-related subpoenas to his office earlier this year. Aguilar said his team is meeting its legal responsibilities. On Tuesday, Nevada voters will decide whether to require identification at the polls under Question 7. The measure passed with 73 percent support in 2024 and requires a majority vote again to amend the state constitution.