DOJ Seeks to Set Aside 20,000 Ballots as California Resists Federal Order

The U.S. Department of Justice is asking California to set aside about 20,000 mail-in ballots that federal agencies believe were sent to likely noncitizens. The request comes just days before the November 3 midterm elections and follows a lawsuit filed by the Justice Department on October 15.

The Ninth Circuit Court of Appeals ordered California election officials to respond by noon on Saturday. California met the deadline and argued that the federal government lacks the power to interfere with state elections.

“All of this is simply meant to raise huge doubts about the integrity of this election.”

On October 13, Acting Deputy Attorney General Trent McCotter sent letters and a password-protected thumb drive to Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. The materials listed more than 20,000 people identified by USCIS and Homeland Security Investigations as likely noncitizens who had received live ballots.

State officials declined the request, citing security protocols, lack of evidence, and concerns about timing so close to the election. The Justice Department’s lawsuit seeks an order to sequester, not cancel, the ballots until citizenship can be verified.

Local election officials across California said they are confused and frustrated by the demand for sensitive information, including Social Security numbers. Napa County Registrar of Voters John Tuteur said officials are proceeding with the election and are not changing their process.

The California attorney general’s office said the letters contained errors, including a list sent to Mendocino County of people who were not residents there. A panel of Ninth Circuit judges will hear arguments on Sunday about whether California can be compelled to comply.