US Justice Department Warns California Officials Over Noncitizen Ballots

WASHINGTON -- The Trump administration is escalating its conflict with California over election integrity, warning state and local officials that processing ballots cast by suspected noncitizens could result in criminal investigation and potential prosecution.

The warning came in a letter Friday from senior Justice Department officials to the Los Angeles County Counsel's office, with copies sent to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan. The letter effectively placed the entire state on notice.

This latest action follows a lawsuit filed by the Trump administration the previous day, seeking to prevent California from counting mail-in ballots from individuals the federal government has identified as "likely" noncitizens until their immigration status is confirmed. The state mails ballots to all registered voters.

"The legal consequences for either facilitating or ignoring a federal crime are significant. Noncitizen voting in a federal election is a federal crime — and knowingly facilitating such conduct is equally unlawful," the letter from Trent McCotter, acting deputy attorney general, states. "If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime."

The Justice Department's lawsuit was initiated after California officials did not meet a 48-hour deadline to review a password-protected thumb drive containing a list of 20,000 names. The federal government asserts these individuals are likely noncitizens who received ballots for the upcoming Nov. 3 election. However, the secretary of state has stated the administration has provided no evidence to support this claim.

Rick Hasen, a law professor at UCLA, commented that the letter "ups the ante by threatening election officials with potential criminal prosecution." He added, "It is deplorable that rather than work cooperatively and assist states in their election administration responsibilities, the federal government is making escalating threats and unreasonable demands beyond its power in the middle of an ongoing election."

With over 23 million people registered to vote statewide, several competitive congressional races in California could influence which party controls the U.S. House of Representatives for the final two years of President Donald Trump's term.