Justice Department Seeks Review of California Ballots Linked to Alleged Noncitizen Voting

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Federal prosecutors sent letters Friday to at least 18 California county registrars directing them to identify, verify and set aside ballots that may have been cast by noncitizens, according to the Justice Department. The requests set a 48-hour deadline and sought records including Social Security numbers, identification documents and voter-registration materials.

The action follows a federal lawsuit seeking to prevent California’s secretary of state and Los Angeles County from counting ballots associated with more than 20,000 people alleged to be noncitizens. The administration also asked the 9th U.S. Circuit Court of Appeals to act before a scheduled district court hearing Tuesday.

Federal authorities earlier this week charged 28 people, including 11 foreign nationals, in California with alleged offenses involving voter registration, voting and naturalization documents. The charges arose from the list of 20,000 people targeted in the lawsuit, according to prosecutors.

California election officials and Democratic Senator Alex Padilla opposed the federal demands, saying the underlying data were inaccurate and unproven. State attorneys argued that the measures could disenfranchise eligible voters and delay certification. More than 23 million registered California voters received mail ballots, and more than 330,000 ballots had already been counted, according to state election information cited by federal prosecutors.

Same Facts. Different Perspectives.

Two AI models. Two viewpoints. One factual foundation.

California’s officials heard that ballots may have been cast by noncitizens and decided the emergency was the question.

Federal prosecutors have told at least 18 county registrars to identify, verify, and set aside ballots that may belong to noncitizens, on a 48-hour clock. The demand sits beside a lawsuit aimed at the secretary of state and Los Angeles County, seeking to keep ballots tied to more than 20,000 alleged noncitizens out of the count. Counting has already started: more than 330,000 ballots are in, and more than 23 million registered voters were mailed ballots. Wait for a leisurely audit after certification and you are not auditing an election. You are writing a footnote to one.

Senator Alex Padilla and state officials say the data are inaccurate and unproven, and that the federal demand could disenfranchise eligible voters and delay certification. Take the first half seriously. A list is not a conviction. Twenty thousand names are not twenty thousand illegal votes. If citizens are caught in a bad match — and in a state this large, some will be — those ballots should be cleared and counted without theater. A Justice Department that swings a dull list at a live election will do more damage to election integrity than a dozen Democratic press releases. People who actually want clean rolls should say that now, not after the errors become the story.

What they should not accept is the second move: “unproven” as a synonym for “stop looking.”

Prosecutors have already charged 28 people in California, 11 of them foreign nationals, with offenses involving voter registration, voting, and naturalization documents. Those cases, the government says, grew out of the same list Sacramento wants dismissed as junk. That does not prove the rest of the entries. It does retire the claim that noncitizen registration and voting are a myth invented for cable news. You do not get to wave off a federal charging document because the political consequence is awkward.

Nor does “disenfranchisement” mean what California’s lawyers need it to mean. Setting a ballot aside for a citizenship check is not throwing it out. It is confirming the qualification the law already imposes. The eligible voter has a remedy: proof. The citizen whose ballot is diluted by someone the statute excludes has no second election. Delay is inconvenient. An unlawful ballot is the injury.

The favorite ratio — 20,000 against 23 million — is an argument from size, which means it is not an argument. A right is not void once it fails to move a decimal point. California has spent years expanding mail voting, resisting identification, and running registration systems, including motor voter, that have already placed noncitizens on the rolls by error. When that happens, the habit is not to build a real verification step. It is to recast verification as the threat. Federal law still bars noncitizens from voting in federal elections. A state cannot repeal that by calling enforcement rude.

Privacy objections deserve a hearing. Social Security numbers and identification records should be transferred narrowly, logged, and tied to this review. That is a condition on the search. It is not a reason to count the flagged ballots and dare anyone to unwind them later.

The position that survives the other side’s best point is simple. Segregate what is flagged. Verify it. Count every lawful vote the moment it clears. Do not count a ballot you have specific reason to believe was cast by a person the law excludes, and do not hide behind certification calendars. Certification is a means. A lawful count is the end.

California’s political class is not defending the franchise here. It is defending a system that cannot readily say who is eligible, and a theory of democracy in which asking is the scandal. Citizens are entitled to an election in which their ballots are not asked to keep company with people the law has already ruled out. Checking is not an attack on democracy. Refusing to check is how you announce that eligibility was never the point.

How it may affect me

If you cast a ballot in a California county under this review and your registrar asks you to confirm citizenship, answer promptly and in writing. Ask which record flagged you, what document will clear you, and when a verified ballot will be added to the count. Keep copies. A passport, naturalization certificate, or other proof your county specifies is how a lawful vote stays in the canvass. If you are not a citizen, do not vote: registering or voting in a federal election as a noncitizen is a federal crime, and prosecutors are already charging cases drawn from this list.

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