DOJ Demands Halt to California Ballot Counting Over Suspected Noncitizen Voters

The Trump administration is urging the 9th Circuit Court of Appeals to issue an emergency order compelling California to halt the counting of ballots associated with more than 20,000 individuals suspected of being noncitizen voters. The Justice Department argues that once these ballots are commingled with legitimate votes, it may become impossible to undo any improper tabulation.

First Assistant U.S. Attorney Bill Essayli and Attorney General Todd Blanche are spearheading the Justice Department's effort. They are asking the court to require California to set aside these disputed mail-in ballots and verify the citizenship of voters before their ballots are counted. "Every minute that goes by, American citizen votes are being diluted in the state of California," Essayli stated Thursday, emphasizing the urgent nature of the request.

The Justice Department claims to have identified over 20,000 individuals registered to vote in California who have received mail-in ballots and are highly likely to be noncitizens. Federal law prohibits noncitizens from voting in federal elections, and the government has noted that some individuals have already faced criminal charges for alleged illegal registration and voting.

"We're not asking California to take any drastic steps other than to sequester the ballots from the suspected noncitizens," Essayli told Fox News. "We believe it's at a minimum of 20,000. That's the floor."

The emergency motion highlights that Los Angeles County alone has already processed more than 331,000 mail-in ballots. The government contends that after election workers separate ballots from their envelopes, it becomes impossible to identify individual voters, making it critical to segregate potentially ineligible ballots before tabulation.

The administration is requesting the appeals court to order California to segregate these ballots and verify citizenship prior to counting them, seeking a ruling by Saturday, October 24.

The lawsuit names California, Secretary of State Shirley N. Weber, and Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan as defendants. Both California and Weber are reportedly opposed to the DOJ's request.

This appeal follows an earlier action where U.S. District Judge David O. Carter did not rule on the administration's emergency request by the requested deadline, which the DOJ views as a denial of immediate relief.

Governor Gavin Newsom has previously stated that California adheres to applicable federal election laws.