DOJ Sues California to Sequester Ballots, Bypassing Federal Voter Protection Laws

Key points

• The DOJ sued California and Los Angeles County on Thursday, demanding the sequestration of ballots for around 20,000 people identified as potential noncitizens.
• The lawsuit argues that counting these ballots violates the Supremacy Clause, as federal law bars noncitizens from voting in federal elections.
• Federal prosecutor Bill Essayli stated the goal is to have a judge decide if ballots should be counted, rather than removing voters from registration lists.
• Critics argue this strategy bypasses the National Voter Registration Act's 90-day pre-election freeze, which prevents last-minute purges that could disenfranchise eligible voters.
• The DOJ has warned that processing ballots for alleged noncitizens violates federal law and could result in criminal penalties for officials who do not comply.

Background

This lawsuit follows a 48-hour ultimatum issued by Acting Deputy Attorney General R. Trent McCotter in mid-October, demanding California verify citizenship for flagged voters or face emergency legal action. The move escalates federal pressure ahead of the November 3 midterms, occurring after the administration suffered a 25-0 record of court losses regarding voter roll audits. Previous attempts to use undisclosed investigative methods to remove voters individually have been challenged, with legal experts noting that similar federal lists in other states have proven highly inaccurate.

Why it matters

If a court approves the DOJ's approach, it could create a legal avenue for the executive branch to bypass decades-old federal voter protections. This would allow the federal government to systematically challenge tens of thousands of ballots using vague methods, effectively neutralizing the National Voter Registration Act's intent to prevent last-minute disenfranchisement. Such a precedent could significantly expand federal control over state election processes and impact the integrity of upcoming federal elections.

What to watch

The case will proceed through the courts, where judges must determine if the DOJ's demand to sequester ballots violates the spirit and intent of the National Voter Registration Act. Pro-voting groups, represented by the Elias Law Group, have requested to intervene as defendants. The outcome will likely influence how federal authorities interact with state election officials during future quiet periods and could set a precedent for the handling of voter eligibility challenges in subsequent elections.