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California counties told to set aside likely noncitizen ballots in DOJ dispute

Federal prosecutors have ordered California counties to set aside and verify ballots of suspected noncitizen voters, escalating a legal clash with the state ahead of the midterm elections.

California counties told to set aside likely noncitizen ballots in DOJ dispute
Image: The Guardian World

At a glance

  • Federal prosecutors sent letters to at least 18 California counties demanding they set aside and verify ballots of suspected noncitizen voters within 48 hours.
  • The DOJ says its list includes 1,133 suspected noncitizens from San Bernardino County, and California officials warn the request could delay vote certification and disenfranchise eligible voters.
  • A hearing on the lawsuit to block counting of roughly 20,000 likely noncitizen votes is set for Tuesday, while 28 people have already been charged with illegal registration.

Federal prosecutors sent letters to county registrars across California on Friday demanding that local officials set aside and verify ballots that the Department of Justice said may belong to noncitizens, according to the Los Angeles county registrar and a letter obtained by the Associated Press.

Legal dispute escalates The letters are the latest escalation in a legal battle between California and Donald Trump’s Department of Justice, which has recently focused on the state in its efforts to root out noncitizen voting ahead of the midterm elections. Earlier this month, the federal government sued Los Angeles County and the California secretary of state’s office to block them from counting the votes of roughly 20,000 people who are “likely” noncitizen voters. A hearing on the case is scheduled for Tuesday, and the Trump administration asked the Ninth Circuit Court of Appeals to rule on the lawsuit, setting a deadline for Saturday. The DOJ says its list includes 1,133 suspected noncitizens from San Bernardino County, and officials warn the request could delay vote certification and disenfranchise eligible voters.

County resistance California’s secretary of state and the Los Angeles county registrar have opposed the federal government’s demands. In legal filings, lawyers for California say the request threatens to delay the certification of the vote and undermine the legitimacy of the November midterms. They have also argued that the federal government’s data is unreliable and that their demands risk disenfranchisement of citizens. “Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy,” said first assistant U.S. attorney Bill Essayli.

Impact on voting Voting is under way in California, with the state’s more than 23 million registered voters receiving ballots in the mail earlier this month. The state said in legal filings that over 330,000 mail-in ballots have already been counted. The letters on Friday came on the heels of a statewide sweep earlier in the week, where 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, which could lead to years in prison.

Source: The Guardian World.

Questions and answers

What did federal prosecutors ask California counties to do?
They demanded that counties set aside and verify ballots of suspected noncitizen voters within 48 hours.
How many people are on the federal list of suspected noncitizen voters?
The list includes 1,133 people from San Bernardino County, and roughly 20,000 names overall.
What are the consequences of the lawsuit for the midterm elections?
California officials warn the request could delay vote certification and risk disenfranchising eligible voters.
californiadepartment of justicenoncitizen votingtrumpmidterm elections

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