The Justice Department announced federal election-related charges against 16 individuals Monday, alleging illegal voting by noncitizens, fraudulent voter registrations, multiple ballots cast in the same election and an attempt to submit an absentee ballot belonging to a deceased voter.
By yourNEWS Media Newsroom
WASHINGTON — The Justice Department announced criminal charges involving 16 individuals across 10 states Monday, Oct. 12, as federal prosecutors pursue allegations of illegal voting, false claims of U.S. citizenship and other election-related offenses connected to the 2022 and 2024 federal elections.
The cases include foreign nationals accused of voting despite lacking U.S. citizenship, an American accused of casting ballots in two states during the same election and a New Mexico man allegedly caught attempting to submit an absentee ballot belonging to his deceased wife. Other defendants face accusations involving fraudulent voter registration, false statements in citizenship applications and unlawful procurement of naturalization.
According to the Justice Department’s official announcement, the prosecutions involve defendants in New Mexico, Pennsylvania, Alabama, Missouri, Idaho, New Jersey, Ohio, Hawaii and Kentucky. The Alabama and Ohio cases are divided between separate federal judicial districts, bringing the total to 10 districts across nine states.
The defendants include lawful permanent residents from several countries, an individual identified as a French national living in the United States without lawful immigration status, a naturalized American citizen and U.S. citizens accused of election offenses unrelated to immigration status.
The announcement comes three weeks before the Nov. 3 midterm elections, amid heightened federal attention to voter eligibility and the administration’s efforts to investigate alleged violations of election laws.
The cases involve individual criminal allegations rather than a single coordinated election fraud operation. Prosecutors have not alleged that the 16 defendants acted together or that their alleged conduct changed the outcome of any election.
One of the cases concerns an attempt to cast a ballot in the name of a deceased person.
In New Mexico, a federal grand jury indicted Patrick Perea, 62, on one count of fraudulent voting. Prosecutors allege that Perea attempted to submit his late wife’s absentee ballot during the November 2024 general election.
According to the indictment, Perea presented the ballot to the Bureau of Elections at the Bernalillo County Clerk’s Office in Albuquerque despite his wife’s death.
The accusation concerns an attempt to submit an absentee ballot rather than a confirmed instance in which the ballot was counted. The Justice Department did not specify in its announcement whether election officials accepted or rejected the ballot before the alleged offense was discovered.
The case illustrates one category of election fraud that federal and state authorities investigate separately from questions involving immigration status: attempting to vote using another person’s identity or ballot.
Federal election law generally prohibits knowingly casting more than one ballot in the same federal election, while other statutes address fraudulent voting and conduct involving ballots belonging to deceased individuals.
A separate case in Alabama involves a U.S. citizen accused of voting twice during the 2024 presidential election.
Forrest Scott Woody, 68, of Hendersonville, North Carolina, was charged in the Northern District of Alabama after prosecutors alleged that he cast ballots in two different states.
According to the indictment, Woody voted in Henderson County, North Carolina, before casting another ballot in Calhoun County, Alabama, during the same general election.
The accusation differs from the noncitizen voting cases because Woody’s eligibility to vote as an American citizen is not the central issue. Instead, prosecutors allege that he violated federal law by participating more than once in the same election.
The Justice Department did not identify which candidates received the ballots attributed to Woody or allege that his actions were part of a broader organized effort.
Four additional defendants were charged in the Eastern District of Pennsylvania with voting in the 2024 election despite allegedly lacking the citizenship required to participate in federal elections.
Hacina Saadi, 48, a French national whom prosecutors identified as being in the United States unlawfully, was charged by criminal information with voting as a noncitizen.
Three lawful permanent residents were also charged: Jamil Ahmad, 50, and Nighat Jamil, 47, both Pakistani nationals, and Paulo Silva, 54, a Portuguese national.
Prosecutors allege that all four participated in the 2024 federal election despite not being American citizens.
Lawful permanent residency allows foreign nationals to live and work in the United States but does not generally confer the right to vote in federal elections. That right is reserved for eligible American citizens, including naturalized citizens.
The Pennsylvania charges therefore concern alleged violations of federal voting eligibility rules rather than the defendants’ authorization to reside in the country.
The Justice Department did not identify the candidates for whom the four defendants allegedly voted or provide information establishing that the cases were connected.
Two more noncitizen voting prosecutions were announced in the Southern District of Alabama.
Silvia Delgado Phelps, 78, a Peruvian national and lawful permanent resident, was charged by criminal complaint with voting while ineligible. Prosecutors allege that she participated in multiple elections in Baldwin County despite knowing that she was not a U.S. citizen.
Staciann Pollion Davis, 42, a Jamaican national who also holds lawful permanent resident status, faces a separate complaint alleging that she voted in the November 2024 general election in Clarke County.
The cases involve different counties and defendants, and the Justice Department did not allege that the two women coordinated their activities.
In Missouri, prosecutors described a more extensive alleged history of illegal voting involving a lawful permanent resident who had been registered for approximately two decades.
Andres Garcia, 64, a Cuban national, was charged in the Western District of Missouri with two counts of illegally voting in federal elections, specifically those held in November 2022 and November 2024.
According to prosecutors, Garcia falsely identified himself as a U.S. citizen when registering to vote in 2004 and again in 2013.
The Justice Department alleges that Garcia knew he lacked American citizenship but nevertheless participated in at least 15 elections over approximately 20 years, including no fewer than 13 federal elections.
Although the charging announcement identifies two counts involving the 2022 and 2024 elections, the additional voting history provides context for the government’s allegations.
The case raises questions about how Garcia’s citizenship status was recorded during registration and whether election officials had information that would have identified a discrepancy.
However, the allegations do not establish that officials knowingly permitted illegal voting or that registration errors were necessarily intentional on the part of election administrators.
In Idaho, Canadian national Stanley Walton, 82, was charged with unlawfully voting in the November 2022 general election. Walton is a lawful permanent resident, and prosecutors allege that he participated despite not being eligible to vote in a federal election.
The Justice Department provided comparatively few additional details about his case, including the circumstances of his registration or how investigators identified the alleged violation.
Another prosecution concerns an individual who subsequently became a naturalized American citizen.
Lizabeth Almonte Rosa, 24, originally from the Dominican Republic, was charged in New Jersey with voting as a noncitizen and unlawfully procuring citizenship.
According to court documents and statements made during court proceedings, Rosa was not an American citizen when she registered to vote.
Federal prosecutors allege that the circumstances surrounding her registration and subsequent naturalization violated federal law.
Naturalized citizens possess the same general right to vote in federal elections as other American citizens once citizenship has been legally obtained. Rosa’s case concerns the period before she became a citizen and allegations involving the naturalization process itself.
The Justice Department did not disclose enough information in its announcement to determine whether prosecutors are alleging that voting-related conduct was concealed during the citizenship application process or whether additional misrepresentations occurred.
Three of the announced cases involve allegations that noncitizens registered and voted in Ohio elections over multiple years.
In the Southern District of Ohio, British national Cary Ann Patterson, 59, a lawful permanent resident, was charged with voting illegally in a federal election in November 2024.
Investigators allege that the Gallia County Board of Elections received a voter registration card for Patterson in 2005 indicating that she was an American citizen.
The registration document reportedly contained an affirmative response to the question asking whether the applicant held U.S. citizenship.
Prosecutors say subsequent voting records indicate Patterson participated in at least 10 elections despite allegedly lacking citizenship throughout that period.
The allegations involve both the information recorded during her original registration and her participation in later elections.
Two additional cases were filed in the Northern District of Ohio against lawful permanent residents accused of voting while ineligible.
Arshed Zuberi, 69, a Pakistani national, was charged by criminal complaint with illegally voting in a federal election.
According to prosecutors, Zuberi registered to vote in September 2015 and again in August 2016, signing documents containing a declaration that he was a U.S. citizen.
The forms included a citizenship affirmation made under penalty of election falsification, and records from the Cuyahoga County Board of Elections indicate that Zuberi subsequently voted in at least six elections.
The declaration on the registration forms stated, “I declare under penalty of election falsification I am a citizen of the United States.”
The Justice Department alleges that Zuberi was not a citizen when he registered or voted, making the accuracy of those declarations central to the prosecution.
Eliza M. Moss, 63, a Filipino national and lawful permanent resident, faces a separate criminal complaint alleging unlawful voting.
Records cited by prosecutors indicate that Moss registered to vote in September 2004 and again in February 2023. Both registration forms reportedly included statements affirming U.S. citizenship, and authorities allege that she cast ballots in several primary and general elections.
The complaint also describes an explanation Moss reportedly gave investigators about the circumstances of her registration.
According to prosecutors, she said the person who assisted her with completing the registration form told her she could vote even though she was not an American citizen.
That statement may become relevant to whether prosecutors can establish the defendant’s knowledge and intent under the particular statute charged.
The Justice Department’s announcement did not identify the individual who allegedly helped complete her registration or indicate whether that person faces charges.
In Hawaii, Polish national Dawid Nalepa, 45, was charged by criminal information with voting as a noncitizen during the November 2024 general election.
According to prosecutors, Nalepa entered the United States around 2020 through the Visa Waiver Program but remained beyond the period authorized by that program before applying for permanent resident status.
Investigators allege that he was not an American citizen when he cast his ballot and knew that he lacked citizenship.
His case differs from many of the other prosecutions because the Justice Department described his immigration history as involving an expired period of authorized admission rather than longstanding lawful permanent residency at the time of entry.
A separate case in Kentucky involves Canadian national Sandra Madeline Watson, 59, a lawful permanent resident accused of illegally voting in a federal election.
Prosecutors in the Western District of Kentucky allege that Watson participated in an election involving candidates for federal office despite knowing she was not an American citizen.
The Justice Department did not identify the precise election date in its announcement but stated that the charge concerns voting for federal offices, including the presidency, vice presidency or Congress.
The allegations complete the department’s list of 16 individuals, which includes defendants accused of illegal voting, fraudulent registration, double voting and unlawfully obtaining citizenship.
The cases were announced as part of a broader federal effort to investigate election-related crimes, particularly accusations involving noncitizens who allegedly registered to vote or participated in federal elections.
Earlier in October, the Justice Department announced a separate group of 16 defendants accused of similar offenses, following additional prosecutions disclosed in September.
The administration has emphasized voter eligibility enforcement as part of its election integrity agenda, arguing that individuals who participate unlawfully in federal elections should face prosecution regardless of the number of ballots involved.
Federal voting laws generally prohibit noncitizens from voting in elections for president, vice president or members of Congress. Certain exceptions involving nonfederal elections do not create eligibility to vote in federal contests.
States also maintain their own requirements governing registration, voter identification and election administration, while federal prosecutors may bring charges when alleged conduct violates applicable national statutes.
The distinction between state and federal authority helps explain why the announced cases involve multiple U.S. attorney’s offices rather than a single nationwide prosecution.
The cases also illustrate different ways investigators may identify potential violations, including voter registration records, election participation histories, immigration information and statements made during citizenship proceedings.
However, the announcement does not establish that noncitizen voting is widespread or that the alleged offenses affected the results of any election.
The 16 defendants represent specific allegations selected for prosecution. Determining the prevalence of unlawful voting nationwide would require broader evidence, including the total number of ballots cast, verified violations and reliable information about eligibility.
Research into election administration has generally found that confirmed noncitizen voting occurs infrequently compared with the total number of votes cast, although individual violations can still result in prosecution.
The legal consequences for defendants also depend on the precise charges, whether prosecutors establish criminal intent where required and the circumstances of each case.
Some offenses involving illegal voting can result in fines, imprisonment or immigration consequences, while convictions for naturalization fraud may affect a person’s citizenship status.
An indictment is a formal accusation approved by a grand jury, while a criminal complaint and a criminal information are different charging instruments used under federal procedures. None of those filings establishes guilt.
The Justice Department expressly cautioned that the announced cases remain allegations and that defendants retain the presumption of innocence unless prosecutors prove their charges beyond a reasonable doubt.
That distinction is particularly important because the cases involve different factual circumstances. Some defendants allegedly voted once while ineligible, others are accused of participating in multiple elections, and the New Mexico and North Carolina-related allegations concern conduct by U.S. citizens rather than foreign nationals.
The differences will require prosecutors to establish the relevant elements of each offense independently, rather than treating the defendants as part of a single scheme.
The announcement also comes during a period of heightened political debate over election security and voter registration procedures.
Republicans have supported additional citizenship verification requirements, arguing that election officials need stronger safeguards against registrations submitted by ineligible individuals.
Democrats and voting rights advocates have cautioned that poorly designed verification systems could incorrectly remove eligible citizens from voter rolls or create unnecessary barriers for naturalized Americans and other lawful voters.
Those competing concerns have shaped debates in Congress and state legislatures over documentary proof of citizenship, voter list maintenance and access to federal immigration databases.
The latest prosecutions provide examples of alleged violations that existing laws are intended to prevent, while leaving unresolved broader questions about the effectiveness of individual registration and verification systems.
For federal investigators, the announced cases will proceed through their respective courts, where prosecutors must present evidence supporting the allegations.
The defendants may contest the charges, challenge the government’s interpretation of applicable law or enter pleas, depending on their individual circumstances.
The Justice Department has not announced a collective trial or suggested that the cases are connected through a common organization, political campaign or coordinated effort to influence an election.
With the November midterms approaching, the announcement underscores the administration’s emphasis on criminal enforcement of federal voting laws. It also highlights the importance of distinguishing allegations involving individual voters from claims about election outcomes.
The cases remain pending, and the ultimate legal conclusions will depend on the evidence and proceedings in each federal judicial district.
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