DOJ Demands California Counties Verify Ballots for Potential Noncitizen Voters

Federal prosecutors have demanded that county registrars across California set aside and verify ballots that may belong to noncitizens, escalating a legal battle over voting eligibility ahead of the midterm elections. The Department of Justice sent letters to at least 18 counties on Friday, requesting they provide identifying information for voters suspected of being noncitizens and to sequester any ballots where citizenship cannot be verified within a 48-hour deadline.

First Assistant U.S. Attorney Bill Essayli stated that any election official knowingly processing a noncitizen's ballot could face legal jeopardy. The Justice Department is seeking details such as social security numbers and ID information to assess individuals suspected of illegally registering to vote. The letter to San Bernardino County, for example, indicated the government's list of suspected noncitizen voters included 1,133 people from that county.

This action follows a lawsuit filed earlier in October by the Trump administration against Los Angeles County and the California Secretary of State's office. That suit sought to block the counting of votes from approximately 20,000 individuals identified as "likely" noncitizen voters. A hearing in that case is scheduled for Tuesday. The federal government had also asked a court of appeals to rule on the lawsuit, setting a Saturday deadline.

California officials, including the Secretary of State and the Los Angeles County registrar, have opposed the federal government's demands. In legal filings, they argue that the requests could delay vote certification and undermine the legitimacy of the November elections. They have also contended that the federal government's data is unreliable and that their demands risk disenfranchising eligible citizens.

Voting is currently underway in California, with over 23 million registered voters having received mail-in ballots. According to state filings, more than 330,000 mail-in ballots have already been processed. The letters from the Justice Department were sent shortly after a statewide sweep earlier in the week, during which 28 individuals from the list of 20,000 were charged with illegally registering to vote. Some also face charges for illegally voting and making false statements on naturalization paperwork, offenses that carry potential prison sentences.