.jpg "The Robert T. Matsui Federal Courthouse in Sacramento serves as the headquarters of the U.S. Attorney's Office for the Eastern District of California.")
The Robert T. Matsui Federal Courthouse in Sacramento serves as the headquarters of the U.S. Attorney’s Office for the Eastern District of California.
General Services Administration
Meryll Quirong Costi was mortified, her lawyer said, as she sat in federal court with her legs shackled, wearing orange pants and a white T-shirt emblazoned with the word “Prisoner” on the back.
A legal permanent resident of the United States but not a citizen, Costi was among 12 people arrested or charged Monday by federal authorities in California for registering to vote or voting as a noncitizen, misdemeanors punishable by up to a year in prison.
The arrests and charges, among 63 announced by federal prosecutors nationwide, come just a day before crucial midterm elections that will decide control of the U.S. Senate and House of Representatives. Last month, federal authorities arrested or charged 28 legal permanent residents in California for similar crimes. Several have also been charged with immigration violations, including felonies.
Separately, San Luis Obispo County District Attorney Dan Dow filed charges of voter registration fraud, fraudulent voting and perjury against one man and said he was considering similar charges against 16 others.
The timing of the lawsuits — a day before the midterm elections — raises questions, said Costi’s attorney, Kyle Knapp.
“I understand what the allegations are against my client, but the crime charged and the timing of this prosecution is something to me that really needs to be explored,” Knapp said.
Monday’s charges and arrests are the latest efforts by President Donald Trump’s administration to bolster the credibility of a database at the heart of a federal lawsuit aimed at forcing California to spoil the ballots of some 20,000 people.
The lawsuits were part of a series of lawsuits and criminal charges brought by the federal government, as well as legal actions by states and others, in connection with the hotly contested election, which could shift control of Congress away from Trump’s Republican Party.
The U.S. Supreme Court on Monday rejected an emergency request from the Justice Department to force California to segregate the ballots of 20,000 people who the department said may be noncitizens illegally registered to vote. Last week, the 9th U.S. Circuit Court of Appeals twice rejected the same request. U.S. District Judge David Carter also rejected the request, saying it was unprecedented and amounted to interference in California’s elections.
Gov. Gavin Newsom, a Democrat, said the accusations and lawsuits were part of an effort by the Trump administration to sow doubt about California’s election. The Justice Department says it seeks to combat voter fraud and protect the integrity of elections.
Days after filing a lawsuit against the state, federal prosecutors began preparing criminal complaints against people suspected of registering or voting illegally.
Among them, according to court records, was Costi, 36.
Costi, who wore her long hair neatly styled in court, is married and has worked at a skilled nursing facility for years, Knapp said. She turned herself in to federal authorities at 8 a.m. Monday and was taken into custody. She turned in her civilian clothes and was tied around her waist, legs and, at one point, hands.
Family members sat in the courtroom and watched quietly.
“She’s beside herself,” Knapp said. “Her name is making a lot of noise. She’s going to make headlines.”
Costi came to the attention of investigators after a September interview with immigration authorities about his citizenship application, according to an affidavit filed by FBI Special Agent Laura Giouzelis. During the interview, she said she never falsely claimed to be a U.S. citizen, although she “vaguely” remembered filling out a voter registration form, according to the affidavit.
On Oct. 23, FBI agents visited Costi at her home to ask her questions about voter registration and two absentee ballots she had filled out, the affidavit states. She told agents that while she remembered receiving the ballots, she did not remember registering to vote, Giouzelis said in the affidavit.
According to Giouzelis, records show Costi returned absentee ballots in 2022 and 2024.
Knapp said he plans to investigate how Costi began receiving ballots.
He didn’t offer a theory. But in California, eligible residents are automatically registered to vote when they make certain transactions with the Department of Motor Vehicles, which has admitted to inadvertently registering some people in the past.
“I look forward to truly finding out what the real facts are as to how and why she registered to vote and how that was transmitted, so that she received the ballots,” Knapp said.
Costi made his first appearance in federal court in Sacramento on Monday. U.S. Magistrate Judge Allison Claire released her on her own recognizance and scheduled her next court hearing for November 30.
Sharon Bernstein
The Sacramento Bee
Sharon Bernstein is a senior reporter at the Sacramento Bee. She has reported and edited articles for news organizations across California, including the Los Angeles Times, Reuters and Cityside Journalism Initiative. She grew up in Dallas and received her master’s degree in journalism from UC Berkeley. She has been part of teams that have won three Pulitzer Prizes.
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