Federal Prosecutor Warns California Elections at Risk Amid Noncitizen Voter Dispute

Los Angeles’ top federal prosecutor, Bill Essayli, has raised alarms that California's upcoming midterm elections are at serious risk of being compromised by noncitizen votes. Essayli stated his concern that noncitizen votes might already be counted, as the processing of mail-in ballots began on Saturday, preceding the November 3 elections.

This statement follows an emergency court hearing where the Department of Justice (DOJ) confronted California officials regarding approximately 20,000 individuals the federal government alleges are noncitizens but whose votes are being processed. "Our concern is that noncitizens are actively voting in this election and California has confirmed they will count their votes. This will corrupt the integrity of the upcoming midterm election," Essayli told The Post after the hearing concluded on Sunday.

The DOJ is seeking to have these ballots set aside, while California officials argue the federal government lacks the authority to intervene as the election is already in progress. A three-judge panel heard the case, appearing uncertain about their jurisdiction to compel the ballots to be set aside. The judges adjourned without issuing a ruling as of Sunday afternoon.

Essayli criticized California's stance, stating, "I think it’s absolutely incredible that California just walked into a room with the United States government and said these votes should be counted in the elections. They argued that whether or not they are noncitizens is irrelevant. It dilutes the votes of American voters."

This dispute comes in the wake of what is described as the largest voter fraud bust in California's history, involving the arrest of 28 suspects across the state following pre-dawn raids. The DOJ had previously sent letters to all California counties requesting election officials to identify noncitizen voters, providing a 48-hour deadline to comply. The department also filed a lawsuit on October 15 against California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan.

The case has reignited calls for voter identification in California. Carl DeMaio, co-author of Proposition 39, suggested that voters have been misled about the extent of citizenship verification before ballots are counted, calling the discovery of noncitizen voters a "dereliction of duty" by state officials.

During the appeals court hearing, two of the three judges expressed skepticism about the court's authority to intervene, citing a pending hearing before a lower court judge. "It seems to me that you want us to issue an injunction that is entirely inconsistent with the law. How can we do that?" asked Judge Mark Bennett, a Trump appointee, to the DOJ attorney.

DOJ attorney Matthew Donnelly emphasized the irreversible nature of processed ballots, noting that Los Angeles County alone had processed over 500,000 ballots. Judge Gabriel Sanchez, a Biden appointee, questioned the discrepancy between an earlier DHS letter citing around 190,000 potentially problematic registrants and the current figure of 20,000, asking what had changed in the interim. Donnelly explained the reduction was due to DHS's vetting process.

Judge Patrick Bumatay, another Trump appointee, appeared more receptive to the DOJ's argument, probing California's ability to identify noncitizen voters and the potential for irreparable harm if an injunction was not granted.

Arguing for California, Sam Siegel contended that the DOJ needed to seek authority from Congress for such intervention, rather than asking the court to preempt the election process. "They ask this court to short circuit the democratic process and issue an order, not just on the eve of an election, but as an election is underway," Siegel stated.