DOJ Sues California to Block 20,000 Suspected Noncitizen Ballots

The United States Department of Justice is seeking to block California from counting mail-in ballots from approximately 20,000 suspected noncitizens. After a U.S. District Judge failed to rule on an emergency application for injunctive relief, the department filed a notice of appeal with the Ninth Circuit Court of Appeals, with a hearing scheduled for Tuesday.

On Friday, federal prosecutors sent letters to nearly all California counties demanding that officials identify and sequester ballots from suspected noncitizens within 48 hours. First Assistant U.S. Attorney Bill Essayli warned that knowingly processing noncitizen ballots is a federal crime, while Acting U.S. Deputy Attorney General Trent McCotter cautioned that officials could become aiders and abettors to a federal crime. The DOJ argues that failing to segregate these ballots causes untraceable disenfranchisement of U.S. citizens.

California state leaders and local officials have rebuked the directive. Governor Gavin Newsom called the effort an attempt to invent widespread voter fraud, and Los Angeles County officials reported that a preliminary analysis showed nearly 40% of the sampled individuals on the DOJ list were born in the United States. Los Angeles County has refused to comply, stating the federal government provided no evidence or methodology to verify ineligibility. While some counties are reviewing the lists, others, including Contra Costa, intend to process ballots normally.