The U.S. Department of Justice (DOJ) filed a notice of appeal on Oct. 22 to challenge a federal judge’s failure to rule on its request to block California from counting mail-in ballots from voters suspected of being noncitizens. The appeal was submitted to the Ninth Circuit Court of Appeals after U.S. District Judge David Carter did not issue a decision by a noon Thursday deadline set by the DOJ.
The federal government has identified 20,000 individuals flagged as likely noncitizens on California’s voter rolls, according to U.S. Attorney Bill Essayli, who stated that all 20,000 received mail ballots this month. Essayli, the first assistant U.S. attorney for California’s Central District, said the number is a minimum and that additional names may emerge as federal investigators continue their review. The DOJ has requested that California set aside ballots from these voters until their citizenship can be verified.
Los Angeles County officials have stated they cannot comply with the DOJ’s demand, citing a lack of provided evidence, sources, or methodology to confirm the individuals’ ineligibility. In an Oct. 15 statement, the county said it cannot withhold or refuse to count ballots based solely on unverified allegations and emphasized that it has no authority to act on records outside its jurisdiction.
Federal Prosecutor’s Claims vs. State Response
U.S. Attorney Essayli argued that California’s voter registration processes allow noncitizens to remain on rolls due to lax verification. He referenced a July letter from Homeland Security Secretary Markwayne Mullin that flagged nearly 200,000 voters as possible noncitizens, though federal investigators have since narrowed the list to 20,000 verified cases. Essayli stated the DOJ is not seeking to invalidate ballots outright but to sequester them pending further review.
In response, Los Angeles County maintained that it follows all relevant federal laws governing elections and cannot act on unverified federal records. The county’s position underscores a broader dispute over jurisdiction and evidence standards in election integrity cases.
Legal and Procedural Context
The DOJ’s emergency application for injunctive relief sought to prevent California from counting ballots from voters the federal government suspects are noncitizens. The department characterized the judge’s inaction as a “constructive denial” of its request, citing the “critical and exigent nature” of the case. The appeal to the Ninth Circuit represents the next step in the legal process, though no timeline for a decision has been provided.
The case highlights ongoing tensions between federal and state authorities over election security and verification protocols, with both sides presenting competing interpretations of legal authority and procedural fairness.