Politics
California pushes back as DOJ seeks to block ballots tied to 20,000-person list
Federal prosecutors charged 28 California green-card holders with election-related crimes and asked a judge to stop the state from counting ballots cast by people the government suspects are noncitizens. State and county officials say the request could unlawfully disenfranchise eligible voters, and the government has not provided evidence confirming the list’s citizenship findings.
The U.S. Department of Justice charged 28 California green-card holders with alleged election crimes Monday and asked a federal judge to bar California and Los Angeles County from processing ballots tied to a federal list of 20,000 people labeled “likely noncitizens.” The case escalates a dispute over election administration as voting proceeds ahead of the fall midterms.
The 28 people were included on the list delivered to California officials last week, according to the Justice Department. Prosecutors allege they illegally registered to vote or voted in U.S. elections. Some do not appear to have voted, and some allegedly registered more than two decades ago. Several are also accused of making false statements on naturalization applications about whether they had registered or claimed U.S. citizenship. The charges are allegations, not findings of guilt.
Acting Deputy Attorney General Trent McCotter said the department would act against noncitizens who vote in federal elections. California officials, however, say the federal government has not established that the people on its list are noncitizens or provided the information needed to verify its conclusions.
California Secretary of State Shirley Weber and Los Angeles County officials have said they cannot legally set aside or refuse to count ballots based on the list. They cited federal and state protections, including the National Voter Registration Act’s restriction on systematic voter-roll removals within 90 days of an election. County officials also said the federal list includes people outside Los Angeles County, whose voter records the county does not maintain.
The Justice Department argues that counting ballots it considers ineligible could cause harm that would be difficult to undo. Its emergency request would prevent state and county officials from processing ballots associated with the 20,000 names. A group of voting-rights and civil-rights organizations has sought to intervene in the case, arguing the federal demand is unlawful.
The federal government says it identified the 20,000 people by cross-referencing government databases and other records. California has sought details about that process. The DOJ has also faulted the state for not providing more voter-registration data, including partial Social Security and driver’s license numbers. Twenty-six federal judges have dismissed similar Justice Department demands for voter data in cases around the country, according to the report.
Election law expert Rick Hasen of UCLA warned that the dispute could put eligible voters at risk and further weaken public confidence by suggesting noncitizen voting is widespread. He noted that the 28 California cases are a small number compared with the state’s more than 20 million registered voters. Noncitizen voting has not been found to be a widespread problem in U.S. elections, though the Justice Department said Monday it has charged 113 noncitizens in 20 states over the past seven weeks.
Los Angeles County Registrar Dean Logan has urged voters not to let litigation or misinformation keep them from casting ballots. The judge’s decision on the federal request could determine whether election officials face pressure to withhold ballots based on a list whose accuracy and legal use are being contested.