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DOJ Demands California Counties Verify Citizenship of Mail-in Ballots
By Drooid · · How we work
Core Action: Federal Letters Order Counties to Sequester and Verify Suspected Non-citizen Ballots
Federal prosecutors sent letters to registrars in at least 18 California counties, giving a 48-hour deadline to provide identifying information for voters the Justice Department (DOJ) believes may be non-citizens. The letters also request that counties “segregate — not cancel —” any mail-in ballots whose citizenship cannot be confirmed. First Assistant U.S. Attorney Bill Essayli warned that processing such ballots could expose officials to legal jeopardy.
Background & Context: Ongoing Federal-State Legal Clash Over Non-citizen Voting
The letters follow a broader DOJ campaign targeting California’s voter rolls. Earlier this month the department sued Los Angeles County and the California Secretary of State, seeking to block the counting of roughly 20,000 ballots it labeled “likely” non-citizen votes. A hearing on that case is scheduled for Tuesday, and the DOJ has asked the Ninth Circuit Court of Appeals to intervene, setting a deadline for a decision on Saturday. The Civil Rights Division has filed 31 similar lawsuits nationwide and, in July, sent letters to all 50 states threatening criminal action against officials who knowingly allow non-citizens to remain on voter rolls. To date, the DOJ has lost 26 of those cases.
Data & Statistics: Numbers Cited in the Federal Requests
- 1,133 suspected non-citizen voters identified in San Bernardino County.
- 1,754 “likely aliens” listed for Orange County.
- 20,000 voters targeted in the Los Angeles lawsuit.
- 28 individuals charged this week across California for illegal registration, voting, or false naturalization statements.
- 330,000 mail-in ballots already counted statewide.
- 23 million registered voters in California, all of whom received ballots earlier this month.
Official Statements & Responses
Orange County Registrar of Voters Bob Page clarified that the county’s registrar, not the clerk-recorder, maintains voter records and is evaluating the DOJ’s request. California’s Secretary of State and the Los Angeles County registrar have opposed the demands, arguing they could delay certification of the vote and undermine the legitimacy of the November midterms. County counsel in Orange County indicated it is reviewing the legal implications of the DOJ’s request.
Verbatim Quotes
- “Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy,” — First Assistant U.S. Attorney
- “County counsel is evaluating the requests in the USDOJ letter,” — Bob Page
Conflicting Reports & Gaps
County registrars in Inyo and Mendocino reported that the DOJ’s lists contained clear errors—individuals on the lists had not received ballots or were not registered voters. The New York Times, cited by the Orange County Register, highlighted these discrepancies, underscoring uncertainty about the accuracy of the DOJ’s data.
What’s Next
A hearing on the Los Angeles lawsuit is set for Tuesday, and the DOJ’s request to the 9th Circuit Court of Appeals must be decided by Saturday. Counties that received the letters must respond within 48 hours, providing the requested voter information and sequestering any ballots whose citizenship status remains unverified. The outcome of these legal battles will shape how California administers its mail-in ballots in the remaining weeks before Election Day.