Justice Department tells California counties to set aside ballots of suspected noncitizens and asks an appeals court to step in
A federal prosecutor warned county officials they risk becoming "aiders and abettors to a federal crime" if they count those ballots. Sen. Alex Padilla says the department has offered no evidence of mass fraud.
The Justice Department on Oct. 23 ordered California election officials to identify suspected noncitizens on their voter rolls and set aside their mail ballots, warning that officials who knowingly count them could face criminal liability, CNN reported. In a letter to San Bernardino County, First Assistant U.S. Attorney Bill Essayli wrote that if officials "knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens," they "risk becoming aiders and abettors to a federal crime," according to CNN. NBC News also reported the demand to the counties.
The department sued California and Los Angeles County last week to stop the counting of more than 20,000 mail ballots tied to people it believes are likely noncitizens, CNN reported. A federal judge set a hearing for next week, and on Friday the department asked the 9th Circuit Court of Appeals to intervene sooner, CNN and NBC News reported. An Oct. 13 letter to Los Angeles County came with a password protected thumb drive of names, and an Oct. 14 demand from Acting Deputy Attorney General Trent McCotter gave the county and Secretary of State Shirley Weber 48 hours to review the list, according to CNN.
Los Angeles County Clerk Dean C. Logan said "Federal and state laws are clear on how voter eligibility is established," CNN reported. Sen. Alex Padilla, a California Democrat, called the administration "afraid and desperate" and said the department "has not provided any evidence for their claims of massive voter fraud." CNN noted that in Nevada, an initial Homeland Security figure of 15,900 potential noncitizen registrants fell to 185 after manual review, and that state officials later said all 185 were citizens, a conclusion the department disputes.
What is established
- The Justice Department's lawsuit covers more than 20,000 mail ballots in California, CNN reported.
- The department asked the 9th Circuit to act before a district court hearing set for next week.
- In August, Homeland Security Secretary Markwayne Mullin said the department had identified 250,000 people it believed were noncitizens registered in four states, including California, CNN reported.
- A Nevada review cut an initial count of 15,900 potential noncitizen registrants to 185, and state officials said all 185 were citizens.
What each side says
Ballots of people on a federal list of suspected noncitizens should be held until citizenship is checked, and officials who knowingly count them risk aiding a federal crime.
The administration is "afraid and desperate" and has given no evidence of massive voter fraud.
Federal and state laws are clear on how voter eligibility is established.
How it was covered
Left 3 reports
CNN led with the threat of criminal liability for election officials and set it beside a Nevada review in which nearly all of a Homeland Security noncitizen list turned out to be citizens.