A 44-year-old Filipino woman was charged this week with election-related crimes as a noncitizen who registered to vote. She's one of 48 noncitizens now facing federal charges across five states. The federal government has a program specifically designed to help states find more cases like hers.
Nevada's Democratic Secretary of State, Cisco Aguilar, doesn't want to use it.
Twenty-six states have already joined the Systematic Alien Verification for Entitlements program — known as SAVE — which cross-references voter rolls against federal immigration databases. Florida and Texas signed on. U.S. Citizenship and Immigration Services Director Joseph B. Edlow wrote in a letter that "SAVE has streamlined processes, reduced administrative burdens, and expanded free access to federal sources of information" for participating states. The tool is free. It's voluntary. And it exists for exactly the purpose Nevada says it cares about.
Aguilar's response was to insist there's no problem to solve. "It's a felony for those ineligible to knowingly register and vote in Nevada," he said. "Any claims of a widespread problem are false and only create distrust in our elections."
So the argument is: noncitizen voting is already illegal, therefore it doesn't happen, therefore we don't need to check.
Aguilar added that "Nevada election officials, at the state and local level, take the responsibility of maintaining accurate voter rolls very seriously." He also declared that "as Nevada's Chief Elections Officer, it's my job to make sure we follow the law and also to make sure every eligible voter in Nevada can exercise their freedom to vote without discriminatory barriers."
The word doing heavy lifting there is "discriminatory." Cross-referencing a voter roll against a federal citizenship database isn't a barrier to eligible voters. It's a barrier to ineligible ones. That's the entire point. Calling citizenship verification "discriminatory" only makes sense if you believe some noncitizens should be voting — a position Aguilar would presumably deny holding.
Critics of SAVE have pointed to Missouri, where hundreds of voters were mislabeled, and Texas, where a discrimination lawsuit was filed. But errors in implementation are an argument for better implementation, not for refusing to participate at all. Missouri found and corrected its mistakes because it was in the system. Nevada can't find mistakes it refuses to look for.
The timing makes the stonewalling worse. Jim Marchant, Aguilar's Republican opponent in the November 3 election, has made voter roll integrity a campaign issue. The U.S. Supreme Court recently stayed a lower court order related to voter roll maintenance — a signal that the federal judiciary is taking the question seriously. DHS is actively pushing states to verify. Twenty-six have said yes.
Nevada is one of the ones that said no. Not "we checked and it's clean." Not "we have our own system that works better." Just no.
Forty-eight noncitizens charged across five states. A verification tool sitting there, free, proven, already adopted by more than half the country. And one secretary of state who'd rather talk about discrimination than open the database.
Conviction for noncitizen voting in Nevada carries up to one year in prison and a $100,000 fine. Aguilar's position is that the penalty exists, so enforcement is unnecessary.