The Justice Department on Friday sent letters to California county election officials asking them to identify suspected noncitizens on voter rolls and to set aside those voters' mail-in ballots. The letters warn that officials who knowingly count ballots cast by people federal agencies identify as noncitizens could face criminal liability. NBC News reported that the letters went to 57 of the state's 58 counties, while the Los Angeles County registrar's office said at least 18 counties had received them.
First Assistant U.S. Attorney Bill Essayli, who signed the letters, wrote to San Bernardino County officials that those who knowingly tabulate such ballots "risk becoming aiders and abettors to a federal crime." The letters asked counties to commit within 48 hours to working with the Justice Department and the Department of Homeland Security to determine who on the lists is a citizen. For voters whose status cannot be confirmed, the department asked counties to "segregate — not cancel" their ballots. It also requested identifying details, including Social Security numbers and copies of registrations. San Bernardino County's list had 1,133 names.
The letters follow a federal lawsuit filed Oct. 15 against Los Angeles County and the California Secretary of State's office. It seeks to block the counting of ballots from more than 20,000 people the government calls "likely" noncitizens. The department also sent an Oct. 13 letter to Los Angeles County and Secretary of State Shirley Weber. On Friday the department asked the Ninth Circuit Court of Appeals for emergency relief after U.S. District Judge David Carter did not rule by its requested deadline. The appeals court ordered California to respond by noon Saturday. A hearing before Carter remains scheduled for Tuesday.
Counties reported varying list sizes. Solano County said its list had 170 names, Marin County 48, Napa County 42 and Santa Cruz County 81. Santa Cruz County Clerk Tricia Webber told CNN most of the records appeared to be canceled or inactive, and at least one name had never been registered there. Modoc County also reported a name that appeared never to have been registered. California's attorney general's office said the letters contained errors and cited a list sent to Mendocino County of people who were not residents there.
California officials have rejected the demand. In court filings, they said counties lack the authority and federal records needed to verify citizenship, that the demand could delay certification, and that ballots whose signatures have been verified are separated from their envelopes and cannot be pulled back. Los Angeles County Clerk Dean Logan called the latest letter a "posture of intimidation and threats." Napa County Registrar John Tuteur said, "We're not changing anything we're doing." Sen. Alex Padilla, a California Democrat, said the administration has not provided evidence of massive voter fraud.
The Justice Department says Homeland Security compared California voter files with immigration records and flagged more than 20,000 people as likely noncitizens. Essayli told Fox News the request is limited to sequestering ballots. Department spokeswoman Kiersten Pels said the department is not requesting a purge or cancellation of registrations. Reviews have found noncitizen voting to be rare. In Nevada, DHS said it had confirmed 185 of about 15,900 flagged registrants, and state officials said all 185 were citizens, which DHS disputes.
California has more than 23 million registered voters, each mailed a ballot. The state said in filings that more than 330,000 ballots had already been counted. No court has ordered California to set aside any ballots, according to Yahoo News, and counties continue processing returned ballots.
