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Justice Department drops California suit over suspected noncitizen ballots

The Justice Department told a Los Angeles federal court Friday it was voluntarily dismissing its lawsuit seeking to set aside about 20,000 California mail ballots it said were likely from noncitizens, citing commingled ballots after a Supreme Court denial.

By AI reporterPRESSElena Marsh · WhatsNewPaper Desk
There is then no way to get the challenged ballots segregated — Assistant U.S. Attorney Julie A. Hamill

The Justice Department on Friday night filed a notice in Los Angeles federal court voluntarily dismissing its lawsuit that sought to force California to set aside mail ballots from about 20,000 people the administration said were likely noncitizens1,4,11,12.

Assistant U.S. Attorney Julie A. Hamill wrote that by a Nov. 13 hearing, the challenged ballots would be mixed with others, so “There is then no way to get the challenged ballots segregated”1,11,12.

The notice followed a one-sentence U.S. Supreme Court denial, hours before the Nov. 3 election, of an emergency request to stop processing those ballots1,3,12,13.

U.S. District Judge David O. Carter had denied temporary emergency relief and set the Nov. 13 preliminary-injunction hearing, which the department said was more than a week after Election Day3,12.

The government said it had sought to segregate the ballots until state officials, working with federal officials, could confirm citizenship, citing the federal ban on noncitizen voting in federal elections12,13.

California and Los Angeles County officials had disputed the Department of Homeland Security list used to identify the voters and said setting the ballots aside risked stopping the count1,4.

Los Angeles County Registrar-Recorder/County Clerk Dean Logan said he welcomed the dismissal and that “state and federal law sets well-defined standards for verifying and challenging voter eligibility”4.

First Assistant U.S. Attorney Bill Essayli said on social media the department would “pursue every civil and criminal remedy to ensure only eligible American citizens vote in American elections”1.

The notice said that after the Supreme Court denial the United States is evaluating how to protect votes, including by preventing vote dilution by noncitizens, and that because no answer or summary-judgment motion had been filed, the case is dismissed11,12.

States Newsroom outlets placed the filing after Republican losses that left Democrats in control of Congress; Mediaite and The Digital Free Press centered the court record1,12,13.

The same week, a federal judge blocked a similar Justice Department demand that Washington set aside about 400 ballots, and a judge dismissed a separate DOJ suit over Alaska’s U.S. Senate race1,6. What remains unknown is whether the department will file a new case or other enforcement steps12.

Sources

  1. Alaska BeaconTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  2. Florida PhoenixTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  3. Iowa Capital DispatchTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  4. Louisiana IlluminatorTrump DOJ ends California suit over suspected noncitizen voters
  5. Maine Morning StarTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  1. Michigan AdvanceTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  2. Daily MontananTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  3. Source NMTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  4. South Dakota SearchlightTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  5. Wisconsin ExaminerTrump’s DOJ ends California suit over suspected noncitizen voters after midterm losses
  6. CourtListenerThe United States’ Notice of Voluntary Dismissal
  7. The Digital Free PressDOJ Drops California Noncitizen Ballot Lawsuit
  8. MediaiteJustice Department Drops Lawsuit Against California Over Alleged Noncitizen Voters

Read the original at Alaska Beacon ↗

How it’s being reported

12 sources

First reported by CourtListenerCourtListener

Where they agree

  • DOJ filed a voluntary dismissal of the California ballot-segregation lawsuit after the Supreme Court denied emergency relief
  • The government cited commingling of challenged ballots by a Nov. 13 hearing
  • The suit concerned about 20,000 people on a federal suspected-noncitizen list

Where they differ

Why the case ended

Side by side

Each outlet's article broken down by our newsroom, in our own words. To read what they wrote, use the button under each one.

Alaska Beacon

Trump’s DOJ ends California suit over suspected noncitizen voters after midterm losses

Dismissal after Republican midterm losses and a Supreme Court rejection

States Newsroom reprint: DOJ abandoned the California ballot-segregation suit Friday after the Supreme Court denied emergency relief.

Leaves out Full text of the dismissal notice and the SEIU related case

Dismissal after Republican midterm losses and a Supreme Court rejection

What it reports

  • DOJ filed a notice Friday night dropping a suit that sought to set aside ballots of suspected noncitizens in California.
  • The administration had asked the Supreme Court to halt processing of ballots from about 20,000 people; the court issued a one-sentence denial.
  • A hearing had been set for Nov. 13; prosecutors said ballots would by then be commingled and could not be segregated.
  • Los Angeles County Registrar Dean Logan welcomed the dismissal and said state and federal law already set eligibility standards.
  • First Assistant U.S. Attorney Bill Essayli said the department would still pursue civil and criminal remedies on voter eligibility.

Leaves out Full text of the dismissal notice and the SEIU related case

Read the original at Alaska Beacon Read the full article at Alaska Beacon
Louisiana Illuminator

Trump DOJ ends California suit over suspected noncitizen voters

The weeks-long federal-state fight over election administration

States Newsroom report on the DOJ notice ending the California ballot suit.

Leaves out Bonta statement carried elsewhere

The weeks-long federal-state fight over election administration

What it reports

  • Logan’s office had warned that setting ballots aside could halt counting.
  • State lawyers said voters sign envelopes, signatures are checked, and citizenship is attested under penalty of perjury.
  • A federal judge’s order barring DOJ threats to election workers was paused by the 9th Circuit.

Leaves out Bonta statement carried elsewhere

Read the original at Louisiana Illuminator Read the full article at Louisiana Illuminator
The Digital Free PressThe Digital Free Press

DOJ Drops California Noncitizen Ballot Lawsuit

Filing language on commingled ballots, Article III jurisdiction, and Rule 41 dismissal

Review of the three-page Nov. 6 dismissal notice and a related SEIU dismissal the same day.

Leaves out Logan and Essayli public comments

Filing language on commingled ballots, Article III jurisdiction, and Rule 41 dismissal

What it reports

  • DOJ said it had sought to segregate mail ballots from people it called highly likely to be noncitizens until citizenship could be confirmed.
  • The notice said a Nov. 13 hearing was more than a week after Election Day and that after the Supreme Court denial the relief sought was no longer available.
  • The government said it is evaluating how to protect American votes, including by preventing vote dilution by noncitizens.
  • Because no answer or summary-judgment motion had been filed, the notice said the case is dismissed.
  • SEIU and other plaintiffs also voluntarily dismissed a related San Francisco suit without prejudice on Nov. 6.

Leaves out Logan and Essayli public comments

Read the original at The Digital Free Press Read the full article at The Digital Free Press
MediaiteMediaite

Justice Department Drops Lawsuit Against California Over Alleged Noncitizen Voters

Court losses and questions about the government’s data

Account of the DOJ drop, quoting the notice on modest relief and commingled ballots after Justice Elena Kagan denied an injunction.

Leaves out Logan statement and Alaska/Washington cases

Court losses and questions about the government’s data

What it reports

  • DOJ sued in October over about 20,000 people it said were on California rolls.
  • The department said the Nov. 13 date made segregation pointless because ballots would be mixed.
  • Justice Elena Kagan issued a one-sentence denial of an injunction; no dissents were on the record.

Leaves out Logan statement and Alaska/Washington cases

Read the original at Mediaite Read the full article at Mediaite