SLO County investigating foreign national voter fraud

San Luis Obispo County prosecutors have opened an investigation into 63 registered voters identified by the U.S. Department of Homeland Security as likely non-citizens, setting up a rare clash between local election officials, federal authorities and the District Attorney's Office just days before the November election.

The probe, confirmed by District Attorney Dan Dow, follows a request from federal prosecutors that County Clerk-Recorder Elaina Cano set aside the ballots of the 63 individuals — a request county lawyers declined, citing state law. The investigation will examine whether any non-citizen has voted in SLO County elections, either in past cycles or in the current one, Dow said.

How the investigation began

According to a CalCoastNews report published Oct. 29, First Assistant U.S. Attorney Bill Essayli sent a letter to Cano on Oct. 22 asking her to segregate the ballots of 63 people registered to vote in SLO County whom DHS had identified as likely non-citizens. Notably, the request was not to cancel any registrations — only to set the ballots aside.

County Counsel declined. In a letter from County Counsel Jon Ansolabehere and Deputy County Counsel Ann Duggan, the county said it has no ability to independently verify citizenship status and is required to follow state regulations that govern voter registration.

"Moreover, the registrar is not authorized to independently investigate the citizenship status of an applicant," the county's letter states, adding that failing to register voters as required by federal and state law could expose the registrar to civil enforcement and a private right of action. The county also committed in the same letter to cooperating with federal authorities.

Shortly after, Dow's office received investigation referrals from both federal prosecutors and Cano concerning possible unlawful voting in the current election.

"The District Attorney's Office takes every election-related referral seriously and is working with its federal partners to determine whether any non-citizen has voted in SLO County elections, either in past elections or in the current one," Dow said in a statement.

What the law says — and what it doesn't

The dispute turns on a gap between federal and state authority. Under California law, it is a crime for a person not entitled to vote to attempt to vote or to actually cast a ballot. Under federal law, non-citizens are prohibited from voting in any election that includes federal offices — which covers nearly every ballot SLO County voters will see.

But while the law criminalizes illegal voting, county election officials say state law does not give them the tools to police citizenship at the point of registration. That has left the question of enforcement to prosecutors, and Dow said his office is coordinating with other agencies "to establish the facts in each case."

For SLO County voters, the practical question is whether flagged ballots could affect the outcome of close local races — contests for city councils, school boards and county offices that have historically been decided by margins far smaller than 63 votes.

A pattern of election-crime prosecutions

Dow's Public Integrity Unit has brought election-fraud cases in SLO County before, and the new investigation comes against that backdrop. Recent cases include:

• Michelle Marie Morrow of Grover Beach, a 2024 candidate for the District 3 seat on the Board of Supervisors, who pleaded no contest to two felonies — filing false nomination papers and fraudulent voting. She was sentenced in April 2025 to 90 days in county jail and two years of felony probation.
• Gaea Edde Powell, a two-time Arroyo Grande mayoral candidate, who was convicted of election-fraud crimes stemming from the 2022 and 2024 election cycles, including voter registration fraud, perjury, filing false nomination papers and fraudulent voting.
• Paula Ott, who was charged July 27 with one misdemeanor count of impersonating or attempting to impersonate a voter. Prosecutors allege that on or about May 19, during the June 2 statewide primary election, Ott filled out a ballot and voted for her deceased husband. That case remains pending.

Dow: 'Election integrity is a nonpartisan issue'

Dow, framing the investigation in broad civic terms, urged all eligible residents to vote — and anyone ineligible to stay away from the ballot box.

"Every eligible voter in SLO County should vote, and every lawful vote deserves to be protected," Dow said. "Voting is a right reserved for those who are legally eligible. If you are not a U.S. citizen, or are not eligible to vote for any other reason, do not cast a ballot."

"Election integrity is a nonpartisan issue," he added. "It is fundamental to the very principles our Founders stood for when they established our nation. If we cannot trust that our elections are honest and that only eligible voters are voting, then we cannot trust the outcome of those elections."

What comes next

The investigation's outcome is unlikely to be resolved before Election Day. Dow's office will work with federal partners to determine, case by case, whether any of the 63 flagged individuals actually cast ballots — a process that could stretch well past the certification of election results.

Meanwhile, the standoff between county election officials and federal authorities highlights a structural tension likely to persist beyond this cycle: DHS can flag suspected non-citizens, but county registrars in California say their hands are tied unless and until state law or the courts give them authority to act on that information.

For now, the ballots at issue remain in the count. Whether that stays true — and whether any of the 63 registrations leads to criminal charges — is what prosecutors will spend the coming months determining.

This article is based on reporting by [CalCoastNews](https://calcoastnews.com/2026/10/prosecutors-investigating-foreign-national-voter-fraud/).