California officials ordered by DoJ to set aside ‘likely’ noncitizen ballots

The Department of Justice has instructed county registrars in California to set aside and verify ballots that may belong to noncitizens, according to letters received by the Los Angeles county registrar and the Associated Press. The letters come as part of a legal battle between California and Trump's Department of Justice, which has been focused on the state in its efforts to identify noncitizen voting ahead of the midterm elections.

Data shows illegal voting by non-US citizens is rare, hard to prove, and has not been shown to change election outcomes. Earlier this month, the federal government took action against Los Angeles county and the California secretary of state's office, aiming to block them from counting votes from roughly 20,000 individuals suspected of being noncitizen voters. A hearing on the matter is scheduled for Tuesday.

The Trump administration has requested a ruling from the ninth circuit court of appeals, with a decision deadline set for Saturday. At least 18 counties across the state have received similar letters, each requiring them to provide identifying information about the suspected noncitizen ballots and sequester any ballots where citizenship cannot be verified.

First assistant US attorney Bill Essayli warned that any election official who knowingly processes a ballot of a noncitizen could face legal jeopardy. The Justice Department is requesting counties to send information about the voters, including social security numbers, ID information, and registration details.

California officials have opposed the federal government's demands, arguing that the request threatens to delay vote certification, undermine the legitimacy of the November midterms, and risk disenfranchising citizens. The federal government's data is seen as unreliable, and the opposition emphasizes the potential risk to eligible voters.

Voting is currently underway in California, with more than 23 million registered voters receiving mail-in ballots earlier this month. The state has counted over 330,000 mail-in ballots so far. The recent letters followed a statewide sweep by federal authorities, resulting in the charging of 28 individuals from the list of 20,000 suspected noncitizen voters with illegal registration, voting, and lying on naturalization paperwork. Those charges could lead to years of imprisonment.