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DOJ gives California counties 48 hours to set aside flagged ballots

The Justice Department sent Friday letters demanding some California counties identify and sequester ballots it says may belong to noncitizens, according to county officials and a letter obtained by the AP.

What's new
  1. LAist is now reporting this
  2. New headline Was: “Justice Department tells California counties to set aside some ballots”
  3. Our desk updated its story
  4. ABC7 Los Angeles is now reporting this
  5. New headline Was: “DOJ letters tell California counties to set aside alleged noncitizen ballots”
1 earlier update
  1. Our desk updated its story

Wire reporting: (AP, via LAist)

The U.S. Justice Department sent letters Friday to California county election offices demanding they identify voters on a federal list, turn over related records within 48 hours and sequester ballots whose citizenship cannot be verified, according to county officials and a letter obtained by the Associated Press1,2,4,5.

The letters follow a federal lawsuit against California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan that seeks to stop counting of roughly 20,000 people the department describes as likely noncitizens1,2,4,5. A hearing is set for Tuesday, and the administration also asked the 9th U.S. Circuit Court of Appeals to act by Saturday if a district judge had not ruled1,2,4.

AP-based accounts, citing the L.A. County registrar, said at least 18 counties received similar letters1,2,4. The Los Angeles Times, citing Santa Cruz County Clerk Tricia Webber, president of the California Association of Clerks and Election Officials, said she knew of 15 counties and had heard of others5.

A letter to San Bernardino County described 1,133 names on the government's suspected-noncitizen list for that county and asked for Social Security numbers, identification, registration copies and related records1,2,4. A letter to Contra Costa County from U.S. Attorney Craig Missakian cited 407 people and made the same kind of records demand, the Times reported5. Two people with Justice Department credentials delivered Santa Cruz County's letter in person, Webber said, seeking action on 81 names5.

First Assistant U.S. Attorney Bill Essayli said election officials who knowingly process a noncitizen's ballot face legal risk, according to AP accounts1,2,4. Essayli wrote on X that California does not verify citizenship and that authorities obtained the voter list and identified people they believe are noncitizens, the Times reported5. The Justice Department did not respond to the Times5.

State and L.A. County lawyers have opposed the demands in court, arguing the request could delay certification, that federal data are unreliable and that citizens could be blocked from having their ballots counted1,2,4,5. Voting is underway, with more than 23 million registered voters sent mail ballots and more than 330,000 mail ballots already counted, the state said in filings1,2,4.

Kristin Connelly, Contra Costa County's registrar, said her office follows election law and that "this threat is not helpful and is intended to intimidate"5. Logan told fellow clerks the 48-hour deadline was unenforceable and that the letters sought individual-level data previously obtained only by subpoena, according to the Times5. Logan's office has said a review of a subset of the 20,000 names found many were born in the United States, were not registered or had never voted5.

Earlier in the week, federal authorities charged 28 people from the larger list with illegally registering to vote; some also face charges of illegal voting or false statements on naturalization papers1,2,4. CBS News reported the Civil Rights Division has filed 31 lawsuits seeking unredacted voter rolls, has lost 26 of those cases and has not won one, and that Sen. Alex Padilla, D-Calif., said Friday the department had not shown evidence of massive fraud2. California Attorney General Rob Bonta's office declined to comment to the Times5.

Sources

  1. (AP, via LAist)DOJ orders some California counties to verify ballots in 48 hoursAlso (AP, via CBS News), (AP, via ABC7 Los Angeles)
  2. ABC10DOJ asks California counties to set aside ballots over voter citizenship concerns, pending verification
  3. Los Angeles Times California'This is not normal': Feds demand California counties set aside 'likely' noncitizen ballots
  4. The GuardianCalifornia officials ordered by DoJ to set aside ‘likely’ noncitizen ballots

How it’s being reported

4 sources

First reported by The GuardianThe Guardian

Where they agree

  • Justice Department letters went out Friday seeking records and sequestered ballots on a 48-hour clock.
  • The demand sits on a pending federal lawsuit over a statewide list of about 20,000 voters.
  • California's secretary of state and L.A. County have opposed the effort in court.

Where they differ

How many counties received letters

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.

ABC10ABC10

DOJ asks California counties to set aside ballots over voter citizenship concerns, pending verification

Gives this outlet’s account of the story.

AP-based report plus original quotes from Nevada, Solano and Yolo county officials on DOJ letters.

Leaves out The San Bernardino 1,133-name figure and L.A. County registrar's 18-county tally.

Gives this outlet’s account of the story.

What it reports

  • Letters reached Nevada, Solano and Yolo counties, among others, according to ABC10.
  • Nevada County said a hand-delivered letter listed 10 people flagged as likely noncitizens.
  • Solano County said its letter listed about 160 names; a sample found more than half of those registrations already canceled.

Leaves out The San Bernardino 1,133-name figure and L.A. County registrar's 18-county tally.

'This is not normal': Feds demand California counties set aside 'likely' noncitizen ballots

Criminal-penalty language and county officials calling the demand unusual and intimidating.

Independent reporting on letters to more than a dozen counties, with quotes from clerks and details of data demanded.

Leaves out The San Bernardino County figure of 1,133 names cited in AP copy.

Criminal-penalty language and county officials calling the demand unusual and intimidating.

What it reports

  • Letters went to at least 15 counties, according to the president of the state clerks association, with others reported.
  • Santa Cruz officials were handed a letter in person seeking action on 81 names within 48 hours.
  • A Northern District letter to Contra Costa cited 407 people and demanded nonpublic registration data.
  • L.A. County Registrar Dean Logan told colleagues the 48-hour deadline was unenforceable.
  • An L.A. County review of a subset of the 20,000 names found some were U.S.-born, unregistered or had never voted.

Leaves out The San Bernardino County figure of 1,133 names cited in AP copy.

DOJ gives California counties 48 hours to identify and set aside ballots of potential noncitizens

Leads with a figure in the headline.

Leads with a figure in the headline.

ABC7 Los Angeles has legal limits on how other sites show its reporting, so here you get its headline and our one-line take. For its full point of view, go straight to the source.

Same copy also at: (AP, via LAist) · (AP, via CBS News)