U.S. District Judge David O. Carter heard the Justice Department's request to set aside mail ballots from about 20,000 California voters for more than three hours Tuesday in Los Angeles. He did not rule. He said he would issue a written order Wednesday and plans to appoint a special master to examine how the department built its list, ABC News reported. In Washington state, two federal prosecutors gave Secretary of State Steve Hobbs until noon Wednesday to set aside ballots cast by 405 people they call noncitizens, KHQ reported.
Two states now face the same federal demand in the last week before Election Day.
Carter heard the case after a Ninth Circuit panel sent it back to him Monday. He called the request a "monumental change" to how California runs its election, ABC News reported. He told the department it already had a remedy: "Go out and indict," Reuters reported. California certifies results Dec. 3, so he saw no need for an emergency order now, ABC7 Los Angeles reported. A further hearing with the special master is about two weeks out, which could put a final ruling after Election Day, CalMatters reported.
- Los Angeles County separates ballots from envelopes on arrival, AP reported.
- Shasta County's registrar filed a sworn statement that isolating the ballots is feasible.
- The department has sued 30 states and the District of Columbia for voter-roll data.
The principals are Carter; Bill Essayli, who argued for the department; California Deputy Attorney General Anne Bellows; Hobbs; and federal prosecutors Neil Floyd and Pete Serrano. Voters on both lists, county clerks in two states and every candidate on those ballots wait on the orders.
Disputedwhether a federal court should hold back ballots on the strength of a federal citizenship list, and how many people on the lists are noncitizens.
The FramingsDepartment framing, from Essayli: immigration officials rechecked the county's 200-name sample and found only four citizens, and the government stands by its list, CalMatters reported. Washington prosecutors' framing, from Floyd: more than 400 noncitizens "voted in multiple elections," Fox News reported, and the letter calls 1,500 suspect ballots "only the tip of the iceberg." Court framing, from Carter: "Some of these may be very valid voters," and "any threats to state or county (election) employees" should "cease immediately," CalMatters reported. State framing, from Hobbs: one flagged record dates to 1994, the method "frequently flags legitimate U.S. citizens," and the timing aims to "cast unfounded suspicion on the results," CBS News reported.
The RecordNo court has found any person on either list to be a noncitizen. The hearing, Carter's Wednesday deadline and the special-master plan are reported by ABC News, Reuters and CalMatters. Of the department's voter-roll suits, 27 have been dismissed, CBS News reported. The department says it will seek emergency relief if Washington misses its deadline. Confidence that Carter has not yet ruled: certain. Confidence in either list's accuracy: low.
What to watch: Carter's written order Wednesday, Oct. 28. Washington's answer by noon Pacific Wednesday and any federal filing that follows. The special-master hearing, about two weeks out.
Sources: ABC News, ABC7 Los Angeles, AP, CalMatters, CBS News, Fox News, KHQ, Reuters
