Dem-Run State Faces A Midterm Ballot Showdown Over Who’s Eligible To Vote

The Justice Department filed a lawsuit against California Thursday seeking to block the state from counting mail-in ballots from people the federal government identifies as likely noncitizens until their citizenship can be verified.

The complaint comes after acting Deputy Attorney General Trent McCotter sent letters to Golden State officials threatening legal action if they failed to review a list of people the federal government believes are likely noncitizens who were sent mail-in ballots for the November 3 election. The department provided the list on a password-protected thumb drive to Los Angeles County officials and gave officials 48 hours to respond to its demands to review the names and set aside ballots from anyone whose citizenship could not be confirmed.

The Justice Department also asked the state to stop sending ballots to listed individuals who had yet to receive one and to set aside returned ballots from listed individuals without tabulating them until citizenship could be determined.

“State-facilitated voter fraud is unacceptable in the United States of America,” Attorney General Todd Blanche said in a statement Thursday.

“If found responsible in a court of law, the State of California will have seriously undermined confidence in our electoral system and violated laws that protect our nation’s representative system of government. The Department of Justice will continue working to uncover cases of voter fraud, hold fraudsters accountable, and restore trust in American elections,” Blanche said.

California Secretary of State Shirley Weber’s office said late Wednesday that the DOJ “demands that California blindly trust this administration without any evidence or legal authority to justify its request.”

“The Secretary of State’s (SOS) office received a demand to review a list of an unknown number of people the ‘Federal Government believes are likely noncitizens,’ but the United States Department of Justice did not provide the list to our office,” Weber’s office said.

“The USDOJ’s relentless efforts to unlawfully gain access to states’ protected voter data and purge voter rolls serve only to cause chaos and fuel public distrust in our elections,” said Weber.

LA County Registrar-Recorder/County Clerk Dean Logan said his office would refuse to access the contents of the thumb drive “because doing so would conflict with established data privacy and information security protocols.”

“We do not consider the device a secure medium,” Logan said in the statement. “Additionally, the letter does not specify the number of individuals involved or describe the information contained in the records.”

The Justice Department made clear in the lawsuit that it’s not asking California to “purge” state voter rolls or cancel votes. Instead, the department is asking a judge to require the state to set aside the ballots of people it identifies as likely noncitizens until their citizenship can be determined.

The lawsuit says the list contains more than 20,000 names.

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