Acting Deputy Attorney General R. Trent McCotter signed letters dated Oct. 13 to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. A password-protected thumb drive lists people the department calls "likely noncitizens" who were sent mail ballots for Nov. 3. The department asked officials to find out whether anyone on the list is a citizen and to set aside, not cancel, ballots from anyone not verified by noon Eastern on Oct. 15, Axios reported. Otherwise, the letter said, "the United States will have no choice but to seek emergency relief."
The demand applies to ballots already in voters' hands, three weeks before an election California runs largely by mail.
The letters extend a months-long federal push for state voter records. In July, Homeland Security Secretary Markwayne Mullin claimed up to 250,000 noncitizens were registered across California, Nevada, New Jersey and Pennsylvania, AP reported. Weber replied that she had "serious doubts about the reliability of your data." The department has sued 30 states and the District of Columbia for voter data and has lost every ruling so far, California's included, AP and CNN reported.
- California mailed ballots to all registered voters on Oct. 5, CNN reported.
- About 90 people faced federal election-misconduct charges this year; 50 allegedly voted as noncitizens.
- Nevada said all 185 voters DHS had flagged as noncitizens were citizens; DHS disputes it.
Weber and Logan must answer the letters. Attorney General Rob Bonta speaks for the state. The list's size is not stated; a department spokesperson cited "thousands." Logan has not opened the drive. Voters on the list, some of whom may be citizens, could see their ballots held.
Disputedwhether the department's list is reliable enough to hold back ballots, and whether a 48-hour demand is lawful and workable weeks before Election Day.
The FramingsJustice Department framing holds that the request is narrow: "Federal law is clear: only American citizens may vote in federal elections." It asks counties to hold ballots, not strike voters from the rolls. California state framing, from Bonta, holds that the letter reflects "absolutely false conspiracy theories that there is widespread voter fraud when there is not." County administrators' framing, from Logan and Santa Cruz County Clerk Tricia Webber, president of the state clerks' association, centers on process: Logan said any removal "must be based on verifiable information, not assertions of unconfirmed data matching," and Webber called the deadline "completely unreasonable." Election-integrity framing, voiced in conservative outlets such as RedState, holds that California registers voters on their own word about citizenship, so a check before counting is overdue.
The RecordThe demands and deadline appear in the letter as reported by Axios, AP and CNN. The list's size and accuracy are not public, and no court has tested it. Confidence that the demand was made: certain. Confidence in how many people on the list are noncitizens: low.
What to watch: The noon Eastern deadline today. Any emergency filing by the Justice Department in federal court. Weber's formal reply.
Sources: AP, Axios, CBS News, CNN, Washington Examiner
