Los Angeles’ top federal prosecutor has warned that California ’s midterm elections could be compromised, as the US Justice Department seeks to prevent the counting of about 20,000 ballots linked to voters it suspects are noncitizens.
Bill Essayli, the US attorney for the Central District of California, raised concerns as the state began processing mail-in ballots ahead of the November 3 elections. The dispute reached a three-judge panel of the US Court of Appeals for the Ninth Circuit on Sunday, October 25.
The panel did not issue an immediate ruling but said it would decide the matter as quickly as possible, according to the New York Post. Donnelly said the earlier list had not undergone the same vetting process and that further checks reduced the number. California’s lawyer, Sam Siegel, argued that voters must attest to their citizenship when registering and said the executive branch should seek authority from Congress if it wants to intervene in the manner requested.
California officials have opposed the federal government’s intervention, arguing that it lacks the authority to dictate how the state conducts its elections. Judge Gabriel Sanchez, appointed by former President Joe Biden , questioned the reliability of the data used to identify the suspected noncitizens, including the government’s reliance on unnamed third-party analytics. He cited sworn declarations from two DHS employees supporting the identification process. Judge Mark Bennett, a Trump appointee, questioned whether the requested injunction was consistent with the law. The judges also examined how officials could reliably match individuals to ballots using names, addresses and signatures. The dispute has renewed calls for stronger voter identification requirements in California. The appeals court had not ruled as of Sunday afternoon. If it rejects the federal government’s appeal, the case is expected to return to US District Judge David O.
Carter on Tuesday.
