48-hour DOJ demand to sequester noncitizen ballots leaves California election officials frustrated, rattled

Letters arrive as counting continues

The Justice Department sent letters to county election offices on Friday, asking registrars to sequester ballots linked to voters the federal government believes are noncitizens. The requests sought sensitive information, including Social Security numbers, for roughly 20,000 people. The federal government gave officials 48 hours to provide information and warned of potential legal action against anyone who knowingly counted a noncitizen’s vote.

County officials describe concerns

In rural Amador County, a letter listed four people allegedly registered illegally, Clerk-Recorder Kim Grady said. She was awaiting guidance from the state and did not know whether it would arrive before the deadline.

Tuteur said the situation had worried his employees and relatives. “My family’s upset, worried about what’s going to happen to me,” he said.

State challenges the federal requests

California’s attorney general’s office said the letters contained errors. A state court filing said, for example, that Mendocino County officials received a list of people who did not live in the county.

The letters are part of a legal dispute between California and the Trump administration. The Justice Department sued on Oct. 15, roughly three weeks before the election, seeking to stop the state from counting mail-in ballots from people the federal government identified as likely noncitizens. A panel of 9th Circuit appeals court judges is scheduled to hear arguments on Sunday over whether California can be compelled to meet the federal demands.

DOJ says it seeks collaboration

Justice Department spokeswoman Kiersten Pels said the department was not asking the state to remove voters from registration rolls or cancel registrations. She said federal officials wanted cooperation to help secure the election.

The letters followed a federal sweep on Monday in which 28 people from the list of 20,000 were charged with illegally registering to vote. Some also faced charges of illegally voting and lying on naturalization paperwork, which could carry years in prison.

Bill Essayli, the top federal prosecutor in Los Angeles, said election officials who did not comply could face prosecution. Noncitizen voting is rare; in Minnesota, federal charges were announced against 10 people over alleged illegal voting across three elections, during which more than 8 million ballots were cast.