Federal Judge Blocks DOJ’s Attempt to Segregate Ballots in California
A federal judge has taken a firm stance against a Department of Justice (DOJ) request to isolate approximately 20,000 ballots in California, allegedly cast by noncitizens. The judge labeled the DOJ’s action as a threat to democracy and ordered a halt to their efforts.
The DOJ had sought a temporary restraining order against election officials in California and Los Angeles County. Their aim was to set aside ballots from individuals they suspected to be noncitizens during ongoing litigation.
If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger,Judge David O. Carter of the U.S. District Court for the Central District of California stated.
Carter emphasized the irreversible damage caused by distrust in democratic processes. He highlighted the harm inflicted once votes are segregated.
Judge’s Rationale Against DOJ Request
Judge Carter highlighted several factors contributing to his decision. He noted the government failed to prove a likelihood of success in its claims. He warned that granting the DOJ’s request could seriously disrupt the ongoing election process, impact election workers, and disenfranchise U.S. citizens.
Carter pointed out the DOJ’s pattern of failing in 31 federal lawsuits aiming to acquire complete voter rolls. The judge questioned the DOJ’s standing and the sufficiency of federal law to justify the requested action.
According to the order, federal criminal laws preventing noncitizen voting do not automatically override California’s election processes. The DOJ could not establish that federal law preempts the state’s procedures or mandates ballot segregation based on unproven voter lists.
The judge highlighted the unreliability of the evidence used to identify voters as noncitizens. Carter cited inaccuracies in databases and noted past failures in similar identification efforts.
Dividing ballots during an active election period risks confusion among election officials and could lead to disenfranchisement. Carter referenced the ‘Purcell principle,’ which discourages federal courts from altering election rules shortly before elections due to potential voter confusion and administrative problems.
Context of Noncitizen Voting Debate
This case arises amidst a national discussion on noncitizen voting and election integrity. Though federal law prohibits noncitizen voting in federal elections, discerning noncitizens without mistakenly implicating eligible U.S. citizens, especially naturalized ones, remains complex.
Carter stressed alternative legal avenues for the federal government to address suspected unlawful voting. The DOJ can investigate and prosecute proven violations, rather than disrupt election procedures.
Currently, the ruling allows election officials to count ballots per existing state methods, pending further developments in the litigation.
Details of DOJ Litigation
The DOJ recently forwarded a list of over 20,000 names to California officials, allowing 48 hours for review. When California refused to act according to the DOJ’s demands, a lawsuit followed, targeting California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan.
The DOJ claims USCIS compared voter-roll data with internal records to identify potential noncitizen matches. Their complaint details a process involving several identifiers to establish ‘high-confidence’ matches between voter data and USCIS records.
Federal agencies cross-referenced state records with federal systems and utilized third-party data to verify identities and reduce false positives.
USCIS sent Homeland Security Investigations a list claiming over 20,000 registered voters were likely noncitizens. HSI concluded there are roughly 20,000 noncitizens registered in California, according to the lawsuit.
A DOJ spokesperson mentioned that around 20,000 individuals have been ‘manually verified’ to date. However, manual verification does not definitively establish noncitizen status.