Nation · National
Justice Department demands at least 18 California counties set aside ballots it says may belong to noncitizens
Federal prosecutors gave California counties 48 hours to send voter data and sequester ballots they suspect were cast by noncitizens, escalating a legal fight with the state as midterm voting is underway.
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What happened
Federal prosecutors sent letters Friday to county registrars across California demanding that they set aside and verify ballots the Justice Department says may belong to noncitizens, CBS News reported. The report cited the Los Angeles County registrar and a letter obtained by The Associated Press.
According to the L.A. County registrar's office, at least 18 counties have received similar letters. CBS News described the move as the latest escalation in a legal battle between California and President Trump's Justice Department ahead of the November midterms.
What the letters ask counties to do
A 48-hour deadline
Counties were given 48 hours to provide identifying information tied to ballots the federal government believes were sent to noncitizens who were illegally registered. The letters also ask officials to sequester any ballots where citizenship cannot be verified.
"Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy," First Assistant U.S. Attorney Bill Essayli said, according to CBS News.
Voter information sought
The Justice Department is requesting details on suspected noncitizen voters, including Social Security numbers, ID information and a copy of each person's registration. A letter sent to San Bernardino County said the information would help the government and state quickly assess each person, and that the federal list includes 1,133 people from that county.
The broader legal fight
Lawsuit over more than 20,000 voters
Earlier this month, the federal government sued L.A. County and the California Secretary of State's office, seeking to block them from counting the votes of more than 20,000 people it alleges are "likely" noncitizen voters. A hearing is scheduled for Tuesday. On Friday, the Trump administration asked the 9th Circuit Court of Appeals to rule on the lawsuit absent a decision from the district judge and set a deadline of Saturday, CBS News reported.
Charges filed earlier in the week
The letters followed a statewide sweep by federal authorities in which 28 people from the list of 20,000 were charged with illegally registering to vote. Some were also charged with illegally voting and lying on naturalization paperwork, charges that CBS News said could lead to years in prison.
Voter roll lawsuits in other states
The Justice Department's Civil Rights Division has filed 31 lawsuits seeking unredacted copies of state voter rolls and has acknowledged it intends to share the data with the Department of Homeland Security for noncitizen screening. Assistant Attorney General Harmeet Dhillon sent letters to all 50 states in July threatening criminal action. CBS News reported the department has lost 26 of those cases and has not won any so far. Readers following voting rules in other states can find more in our elections coverage.
How California officials responded
California's secretary of state and the L.A. County registrar have opposed the demands. In court filings, the state's lawyers argue the request threatens to delay certification, could undermine the legitimacy of the midterms, relies on unreliable data and risks disenfranchising citizens.
Voting is already underway, with more than 23 million registered voters receiving mail ballots earlier this month, and the state said in filings that over 330,000 have been counted. CBS News noted that data shows illegal voting by noncitizens is incredibly rare, difficult to prove and has not been shown to change election outcomes.
Democratic Sen. Alex Padilla of California said in a Friday statement that the Justice Department has not provided evidence for its claims and that "they do not have the authority to interfere." More national stories are collected in our Nation section.
What to watch next
- Whether counties comply with the 48-hour deadline to send voter information and sequester ballots.
- The district court hearing on the federal lawsuit against L.A. County and the Secretary of State, scheduled for Tuesday.
- Whether the 9th Circuit Court of Appeals acts on the administration's request, which set a Saturday deadline.
- The outcome of the remaining Civil Rights Division lawsuits seeking state voter rolls.
