Justice Department Appeals to Block 20,000 California Ballots

The United States Department of Justice filed a notice of appeal with the Ninth Circuit Court of Appeals on October 22, seeking to block California from counting mail-in ballots from more than 20,000 suspected noncitizens. The appeal follows a constructive denial of an emergency application for injunctive relief by U.S. District Judge David Carter, who did not rule by the department's deadline.

Federal prosecutors sent letters to California county registrars demanding they identify potential noncitizen voters and sequester their ballots within 48 hours. Acting U.S. Deputy Attorney General Trent McCotter and First Assistant U.S. Attorney Bill Essayli warned that officials who knowingly process noncitizen ballots could face legal jeopardy or be viewed as aiders and abettors to a federal crime. The DOJ argues that processing these ballots causes untraceable disenfranchisement and dilution of lawful votes.

Los Angeles County and California state officials have opposed these demands, arguing the federal government's data is unreliable and lacks a clear methodology for verification. Los Angeles County officials stated they cannot withhold ballots based on unverified allegations and argued the DOJ lacks legal standing. While some jurisdictions, such as Contra Costa, intend to process ballots normally, others are reviewing the lists. The legal battle follows a federal sweep earlier in the week that resulted in 28 charges for illegal voter registration.