How the DOJ Is Responding to Mayor Jon Mitchell’s Defiant Voter List Refusal

The U.S. Department of Justice is choosing its words carefully in responding to New Bedford Mayor Jon Mitchell's odd refusal to voluntarily hand over a public voter list requested by the department as it prepares for election monitoring in New Bedford this election cycle.

But the federal agency doesn't appear happy with Mitchell's response.

In an on-air conversation with Chris McCarthy this week, Mitchell called the request "bewildering" and "completely and evidently, unmistakably, pretextual." Huh?

Then Mitchell said he would not comply.

READ MORE: New Bedford Mayor Blasts DOJ Voter List Request as 'Pretextual'

When Assistant Attorney General for the Civil Rights Division Harmeet Dhillon first posted on her X account in July that the DOJ would be conducting "routine, nonpartisan election monitoring that's been standard under both Republican & Democratic administrations for decades," in New Bedford and a small handful of cities nationwide, no one at City Hall seemed to mind.

"While no official communication has been received by the City or the Board of Election Commissioners to date, federal officials are welcome to observe elections here," City of New Bedford Public Information Officer Jonathan Darling told WBSM at the time.

READ MORE: Federal Election Monitors Coming to New Bedford

Despite refusing to provide the voter list, Mitchell acknowledges that the DOJ will have election monitors in New Bedford for the September 1 primary election.

"That's their right to do," Mitchell told McCarthy. "And we're not going to impede them whatsoever."

"It is their right to observe the election so long as they're not getting in the way of the process," he said.

But the voter list, which is public property, is a different story.

DOJ Says New Bedford Voter List Is

Mitchell Calls Out White House Over Voter List Request

In a statement, Mitchell admitted "voter lists are ordinarily available upon request," but he is refusing this particular request.

"Given the well-established track record of the current presidential administration to question the validity of elections without a good faith basis, I am concerned that the disclosure of the voter lists might chill voter interest in the upcoming elections and cause some to question their integrity," he said.

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Mitchell is seemingly implying that the Trump White House is attempting to interfere in the New Bedford election.

"I spend my time running the city because that's what people expect me to do, but now, they've come to the city with this veiled attempt to delve into our elections," he said. "I have to fight back; that's kind of what I do when we get pushed here."

The DOJ's Defense of Election Monitoring Plans

A DOJ spokesperson issued the following email statement to WBSM:

"New Bedford is one of many locales that the Department of Justice is conducting monitoring at during this election cycle. Part of the basis for monitoring in New Bedford – as is the case in many jurisdictions where we conduct monitoring – is that there is a Limited English Proficient voting population that deserves equal access to vote. As part of our nondiscriminatory efforts to ensure free and fair elections, the Civil Rights Division asks for basic information from all jurisdictions in order to facilitate more effective and targeted monitoring. The request to New Bedford – for a public voter list that is required to be maintained and distributed to the public under federal law – is unrelated to the separate request of the state for its nonpublic voter list and the resultant litigation, which is currently before the 1st Circuit Court of Appeals."

Subpoena Possibilities and Legal Next Steps

Mitchell conceded the DOJ could subpoena the voter list, telling McCarthy, "If they want to send us a subpoena, go ahead, send us a subpoena."