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House Republicans subpoena N.J. elections chief over 6,600 noncitizen voter registrations

South Jersey Rep. Jeff Van Drew is one of four committee leaders demanding records on how the state registered noncitizens to vote. Gov. Mikie Sherrill called the subpoena "political theater."

WASHINGTON — Four Republican House committee leaders, including South Jersey Rep. Jeff Van Drew, have subpoenaed New Jersey's acting secretary of state for records on how the state registered about 6,600 noncitizens to vote between June 2023 and June 2024, the House Judiciary Committee announced Oct. 21.

The subpoena to Acting Secretary of State Shirley Emehelu follows an Aug. 3 request to which the Department of State has produced only 12 documents, the committees said. None of them, according to the committees, explains how the registrations were discovered or why the noncitizens stayed on the voter rolls until 2026.

The subpoena was issued by House Judiciary Committee Chairman Jim Jordan, R-Ohio; House Administration Committee Chairman Bryan Steil, R-Wis.; Rep. Laurel Lee, R-Fla., who chairs the House Administration elections subcommittee; and Van Drew, R-N.J., who chairs the Judiciary subcommittee on oversight.

Gov. Mikie Sherrill called the subpoena "political theater" in a statement the same day. "From the moment we discovered the MVC registration issue from 2023, we took action immediately, went above and beyond in making agency-wide reforms, and have been transparent every step of the way," she said. She accused Republicans in Washington of "choosing to play political games just thirteen days before the midterm elections" and singled out "Trump and his enablers, like Jeff Van Drew and Jim Jordan."

Sherrill disclosed the registrations at a July 21 news conference, blaming what she called a "serious software error in New Jersey's Motor Vehicle system" that registered people who had said they were not citizens, according to the committees' August letter. About 400 of them voted in elections after they were registered, the letter says, citing the governor.

The state's software vendor, IDEMIA, has disputed that account. The company said the citizenship information "was recorded correctly and always available to the MVC," according to the August letter, which cites the company's statement as reported by Politico. The registrations stopped in June 2024 when the Motor Vehicle Commission asked IDEMIA to change certain settings, the company said, according to the letter.

In a cover letter sent with the subpoena, the committees said the department's lawyers turned over the 12 documents in three batches between Aug. 28 and Sept. 18. They included two meeting invitations, an email from the state's elections director to county election officials, three emails from IDEMIA about the contracting process, and a one-paragraph Aug. 4 memo from Sherrill directing then-Lt. Gov. Dale Caldwell, who was also secretary of state, to fix the problem. Caldwell resigned Sept. 25.

The department's lawyers cited attorney-client, attorney work product, executive and deliberative process privileges for the records not produced, the letter says, without explaining how they applied. "It strains credulity to believe that every document responsive to the Committees' request that has not been produced is privileged," the chairs wrote.

State election officials removed about 5,100 of the registrations in August, according to a New Jersey Globe report cited in the letter. In July, Van Drew separately sent Sherrill 12 questions about how the failure happened, the New Jersey Globe reported.

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