Full Breakdown
DOJ’s Emergency Lawsuit to Block 20,000 California Ballots Sparks Legal Standoff
By Drooid · · How we work
Core Event: Federal Request to Segregate Ballots from “Likely Noncitizens”
The U.S. Department of Justice (DOJ) has filed an emergency request in federal court seeking a temporary restraining order that would prevent California and Los Angeles County from counting mail-in ballots cast by roughly 20,000 voters the department labels “likely noncitizens.” The request follows a thumb-drive delivery of the names to state officials, a 48-hour deadline to verify citizenship, and the recent charging of 28 green-card holders with election-related crimes.
Background & Context
The dispute traces back to a July letter from the Department of Homeland Security that flagged up to 190,000 California voters as possible noncitizens. After internal cross-checking, DOJ officials narrowed the list to the 20,000 names it deems “the floor” of its confidence. The administration argues that noncitizen voting violates 18 U.S.C. § 611 and must be stopped before ballots are tabulated. California officials contend the federal request exceeds congressional authority and threatens voter rights under the National Voter Registration Act.
Official Statements & Responses
- Acting Deputy Attorney General Trent McCotter framed the list as the “most confident” subset of a larger pool, emphasizing the need for California to verify citizenship before counting the ballots.
- California Secretary of State Shirley Weber called the DOJ’s demand “extraordinary” and contrary to both federal and state law, warning that sequestering ballots would amount to an unprecedented suspension of voting rights.
- U.S. District Judge David O. Carter, who previously rejected a DOJ request for unredacted voter rolls, has signaled that the department may be overstepping the constitutional separation of powers.
- Dean Logan, Los Angeles County’s top voting official, urged voters not to be deterred by litigation, emphasizing participation as the best safeguard for election integrity.
Criticism & Opposition
Election-law scholars and local officials have challenged the DOJ’s approach. Dana Lewis, a Republican county recorder in Arizona, warned that jurisdictions nationwide are watching the California fight, fearing similar pressures.
On-the-Ground Reports
Los Angeles County assistant registrar-recorder Monica Flores filed a declaration stating that the DOJ’s “October List” appears unreliable, citing the high share of U.S.-born respondents and the prevalence of inactive registrations. Individual defendants, such as Kamlesh Shah, have expressed anxiety and confusion over the charges, claiming they believed they were eligible to vote because of a Real ID.
Conflicting Reports & Gaps
- Terminology: DOJ filings have described the list variously as “verified,” “confirmed,” “likely,” and “suspected” noncitizens, creating uncertainty about the department’s confidence level.
- Methodology: The administration has not disclosed the specific data-matching process used to generate the list, and California officials argue that the evidence linking names to noncitizen status is insufficient.
- Legal basis: DOJ asserts that the criminal prohibition on noncitizen voting justifies civil enforcement, while the state and Judge Carter contend that Congress never authorized such a civil mechanism.
What’s Next
The DOJ’s emergency motion asks the court to rule by noon on the restraining order, while California has filed a motion to dismiss, arguing the lawsuit rests on “a chain of possibilities” without proof of actual illegal voting. Judge David O. Carter is scheduled to hear arguments in the coming weeks, and the outcome will determine whether California must set aside the contested ballots ahead of the upcoming midterm election.