The Justice Department is asking a federal appeals court to prevent California from counting about 20,000 ballots linked to people it suspects are noncitizens.
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Los Angeles’ top federal prosecutor has warned that California’s midterm elections could be compromised, as the US Justice Department seeks to prevent the counting of about 20,000 ballots linked to voters it suspects are noncitizens. US Justice Department seeks to stop counting 20,000 California ballots over voter citizenship. (REUTERS)Bill Essayli, the US attorney for the Central District of California, raised concerns as the state began processing mail-in ballots ahead of the November 3 elections. California officials have opposed the federal government’s intervention, arguing that it lacks the authority to dictate how the state conducts its elections. The dispute reached a three-judge panel of the US Court of Appeals for the Ninth Circuit on Sunday, October 25. The panel did not issue an immediate ruling but said it would decide the matter as quickly as possible, according to the New York Post.“Our concern is that noncitizens are actively voting in this election and California has confirmed they will count their votes,” Essayli told the NY Post, warning that the situation could undermine election integrity. Also Read: Ilhan Omar hires Biden’s former lawyer amid federal probe, days after asking supporters for legal feesDOJ seeks to block counting of ballotsThe Justice Department has asked the court to direct California to set aside ballots associated with approximately 20,000 people federal authorities suspect are noncitizens. The department sued California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan on October 15. It also sent letters to every county in the state seeking cooperation from local election officials in identifying potential noncitizen voters. During Sunday’s hearing, Justice Department attorney Matthew Donnelly argued that allowing the ballots to be counted could cause irreversible harm. He cited Los Angeles County’s estimate that more than 500,000 ballots had already been processed. However, the judges questioned whether the appeals court had the authority to grant the request, particularly with a hearing scheduled before a lower-court judge on Tuesday. Also Read: US calls report on Trump’s deportation drive fake news; claims historic drop in illegal immigrationJudges question voter identification processJudge Gabriel Sanchez, appointed by former President Joe Biden, questioned the reliability of the data used to identify the suspected noncitizens, including the government’s reliance on unnamed third-party analytics. Sanchez also asked why a July letter from the Department of Homeland Security had cited around 190,000 potentially problematic registrations, compared with the current figure of 20,000. Donnelly said the earlier list had not undergone the same vetting process and that further checks reduced the number. He cited sworn declarations from two DHS employees supporting the identification process. Judge Mark Bennett, a Trump appointee, questioned whether the requested injunction was consistent with the law. The judges also examined how officials could reliably match individuals to ballots using names, addresses and signatures. California opposes federal interventionCalifornia’s lawyer, Sam Siegel, argued that voters must attest to their citizenship when registering and said the executive branch should seek authority from Congress if it wants to intervene in the manner requested. Judge Patrick Bumatay, another Trump appointee, appeared more receptive to the DOJ’s concerns, questioning whether the state could identify suspected noncitizen voters without an injunction. The dispute has renewed calls for stronger voter identification requirements in California. The appeals court had not ruled as of Sunday afternoon. If it rejects the federal government’s appeal, the case is expected to return to US District Judge David O. Carter on Tuesday.