Sen. Thom Tillis (R-N.C.) on Sunday escalated Republican attacks on California's election procedures, charging that the state's mail-in voting system is fundamentally flawed and open to exploitation. Appearing on CBS's Face the Nation, Tillis responded to host Margaret Brennan's questions about the Department of Justice's legal confrontation with California over potential noncitizens on voter rolls and the continued mailing of ballots.
"Well, I think we have to be careful," Tillis said. "First, you've got to take them separately. California has been guilty of ballot harvesting. They have a policy to do it. They have a system there that is ripe for abuse and they need to be looked at."
The senator's remarks come as the DOJ has filed suit against California, demanding that state officials set aside ballots from roughly 20,000 individuals the federal government says are noncitizens. The department gave California a 48-hour ultimatum to comply, with President Trump warning that state officials "will all go to jail for a long period of time!!!"
The DOJ's actions are part of a broader pattern of pre-election legal moves, including a preemptive lawsuit against Alaska to block certification of its results if Republican Sen. Dan Sullivan loses, and a federal investigation into Rep. Ilhan Omar (D-Minn.). Brennan pressed Tillis on whether these steps were appropriate so close to an election, but the North Carolina Republican defended the department's focus, saying each case must be evaluated on its own merits.
In California, the DOJ sent letters to every county, including a list of individuals federal officials believe are noncitizens who could receive ballots under the state's practice of mailing ballots to all registered voters. Bill Essayli, the top federal prosecutor in Southern California, called the task "simple," writing on social media: "California does not verify citizenship status. We did the work for them. We obtained the registered voter list and told them who we believe are noncitizens on their rolls. Knowingly processing noncitizen ballots is a federal crime under 18 U.S.C. §§ 611 and 2. We will hold election officials accountable. No one is above the law."
Last Thursday, the DOJ asked the 9th U.S. Circuit Court of Appeals to temporarily block California from counting any ballots from those flagged individuals. This followed charges against 28 people accused of being noncitizens who allegedly registered and voted illegally; the DOJ says they are among the 20,000 identified.
California Gov. Gavin Newsom (D) has forcefully pushed back, accusing the Trump administration of attempting to "quite literally rig the election." Speaking at a campaign rally, Newsom said, "He's trying to get our voter rolls. You can't make this stuff up."
The clash highlights a deepening partisan divide over election integrity, with Republicans pointing to potential noncitizen voting and Democrats decrying what they see as voter suppression. As the DOJ ramps up election scrutiny, the legal battles are likely to intensify, with Trump rallying in Michigan while the administration pressures California over its voter rolls.
The dispute also echoes concerns raised in other states, such as Alaska's Senate race, where ballot name confusion has sparked controversy. Tillis, who has previously urged Trump to fire top officials, now finds himself at the center of a national debate over how elections are administered.
