DOJ Sets 48-Hour Deadline for California to Verify Voter Citizenship or Face Lawsuit

2 min read
Source: Politico
TL;DR

The U.S. Department of Justice has issued an ultimatum to California election officials, demanding they review a list of alleged noncitizens within 48 hours or face emergency legal action. Acting Deputy Attorney General Trent McCotter sent letters to state and local leaders, requiring them to segregate or withhold mail ballots for individuals whose citizenship cannot be verified. This move precedes the November midterms and follows a series of federal court losses regarding voter roll audits.

Key points

  • DOJ gave California 48 hours to review a password-protected thumb drive containing names of potential noncitizens.
  • Officials were ordered to segregate returned ballots and withhold new mail ballots for unverified individuals.
  • The demand targets California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan.
  • The Justice Department threatened emergency relief if the state failed to meet the Thursday deadline.
  • The administration has lost 26 of 30 lawsuits seeking access to state voter records.

Background

This escalation follows a federal judge’s recent ruling halting the DOJ’s broader voter roll audit program, citing state sovereignty and data errors. The administration has previously charged over 100 individuals with voter fraud, though experts note noncitizen voting is rare. The current demand occurs after California mailed ballots to all registered voters on October 5, raising concerns about violating election timelines.

How outlets are covering it

Politico and CNN report that the DOJ’s demand is an attempt to assert federal control over state election administration, with CNN noting the administration’s claims of widespread fraud are 'baseless.' CBS News highlights that the DOJ has lost every legal case challenging state voter roll protections so far. Reuters, cited by multiple outlets, was the first to report the letters. Critics, including former DOJ attorney David Becker, argue the move violates the 90-day pre-election freeze and relies on flawed data, while the DOJ insists it is enforcing federal citizenship requirements.

Why it matters

The 48-hour deadline creates immediate logistical and legal pressure on California election officials ahead of the November midterms. If the DOJ pursues emergency relief, it could disrupt ballot processing and set a precedent for federal intervention in state-run elections, despite previous court rejections of similar demands.

What to watch

California officials must decide whether to comply with the DOJ’s demand to segregate ballots or face potential litigation. The Justice Department may seek emergency relief in federal court if the state does not act by the Thursday deadline. Legal experts anticipate further challenges to the constitutionality of federal interference in state voter rolls.

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