Federal Judge Denies DOJ Request to Segregate Ballots in California

The process of readying ballots for counting is underway in the Vote-By-Mail Processing Boards area at the Orange County Registrar of Voters Facility in Santa Ana, California. This is where ballots are prepared and scanned as part of the voting process.

In recent developments, a federal judge has denied a request from the Department of Justice to set aside thousands of ballots in California’s midterm elections. The DOJ had sought to segregate these ballots, which they claimed involved 20,000 individuals they considered ‘likely’ noncitizens. California election officials challenged this claim, pointing out inconsistencies in the DOJ’s list. A preliminary review by Los Angeles County revealed many on the list lacked active voter registrations.

According to state and local officials, the DOJ’s demand would violate legal procedures and create chaos just before Election Day. It would also potentially disenfranchise eligible voters. U.S. District Judge David Carter ruled against the DOJ’s attempt to issue a temporary restraining order to stop the ballot processing, emphasizing the potential harm to voters and the threat to democratic processes.

Never before in American history has the federal government, on the eve of an election, sought to coerce state and local government to abandon their own Constitutional elections procedures.

The judge highlighted the risks of disenfranchising voters and creating electoral disorder. He asserted that if votes are arbitrarily discounted based on unproven allegations, democracy would be threatened.

While refusing to halt the ballot processing, Judge Carter mentioned that the federal government could continue charging individuals who vote illegally as noncitizens. Recently, the DOJ has charged several individuals with this crime.

The DOJ’s actions in California come amidst widespread legal maneuvers aiming to influence state election protocols close to voting day. Similar requests have been made by federal prosecutors in Washington state and in Alaska, where the DOJ has requested state authorities to scrutinize voters suspected of being noncitizens.

In the ongoing legal battle, California’s Attorney General Rob Bonta described the situation as a precursor to potential federal interference in state elections, requesting the judiciary to consider the broader implications. He urged the court to prevent the degradation of democratic principles.

While the DOJ plans to challenge Carter’s decision, potentially escalating the matter to the U.S. Supreme Court, they argue that the urgency lies in the fact that ballots are actively being processed. Once separated from envelopes to ensure privacy, retrieving ineligible ballots becomes impossible.

Voting by noncitizens is rare, as audits reveal. However, the list of supposed noncitizen voters compiled by the DOJ remains contentious. A review found inaccuracies in claims that listed individuals were born outside the U.S., with some records indicating otherwise. The USCIS contested these findings but acknowledged potential errors in their methodology.