LOS ANGELES — The Justice Department has sued California over mail ballots it says were sent to people who are likely not U.S. citizens. The department is asking a federal judge for an emergency order that would make the state set those ballots aside until each person’s citizenship is verified.
The lawsuit was filed Thursday, Oct. 15, just 48 hours after the department set a deadline for state and Los Angeles County officials. California has pushed back, and the dispute is happening as people across the state are already voting for the Nov. 3 midterm elections.
What the Justice Department asked for
On Oct. 13, acting Deputy Attorney General R. Trent McCotter sent letters to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. The department delivered a password-protected thumb drive to Los Angeles County officials. It contains names of people the federal government believes are likely noncitizens who were sent mail ballots for the November election.
The letters made three demands:
- Review the list within 48 hours.
- Set aside, but not cancel, any returned mail ballots from people on the list, and do not count them until citizenship is determined.
- Do not mail ballots to people on the list who have not yet received one, unless their citizenship is confirmed.
The number of names has not been officially confirmed in the reports reviewed. Coverage ranges from “thousands” to more than 20,000. A DOJ spokesperson said the department is asking California to sequester ballots, not to change its voter list.
The warning about prosecution
In July, the Justice Department sent letters to chief election officials in all 50 states. The letters warned that officials could face criminal prosecution if they knowingly allowed noncitizens to stay on voter rolls or to cast ballots. According to Democracy Docket’s account of the new court filing, the department argues that California would be “knowingly” enabling unlawful voting if it keeps processing ballots from people on the list without more checks.
Federal law bars noncitizens from voting in federal elections. The Justice Department has not established that any of the people on its list actually cast illegal ballots.
California’s response
Weber said her office got the letter but that the federal government never gave it the list. She said the department’s efforts to gain access to protected voter data and purge voter rolls are unlawful and cause chaos and distrust. Attorney General Rob Bonta said his office was working with Weber and county officials to review their options.
Tricia Webber, president of the California Association of Clerks and Election Officials, called the 48-hour deadline “completely unreasonable.” California automatically mails a ballot to every active registered voter.
How it got here
On July 16, Homeland Security Secretary Markwayne Mullin wrote to California, Nevada, New Jersey and Pennsylvania. He said as many as 250,000 noncitizens were registered in those states. Election officials there were skeptical, including Weber. The Justice Department has said it is using publicly available voter lists and other investigative methods to look for noncitizens on the rolls.
What’s next
A federal judge will decide whether to issue the emergency order. Election Day is Nov. 3, so the timeline is short. This story will be updated as the court acts.
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