The Justice Department charged 28 lawful permanent residents in California with voting and registration crimes Monday and arrested 11 of them. All four of the state's U.S. attorney's offices took part. The same day, the department asked a federal judge in Los Angeles to stop California and Los Angeles County from processing mail ballots returned by about 20,000 people the department calls likely noncitizens. Mail voting is under way. No hearing had been set.
The case asks who decides, two weeks before Election Day, whether a returned ballot is counted: state election officials or federal prosecutors.
The motion follows a refusal. On Oct. 13 the department sent California the list and asked that those ballots be set aside pending citizenship checks. Secretary of State Shirley Weber declined. The department sued on Oct. 15. It says it has charged 113 noncitizens in 20 states over seven weeks. Federal judges have dismissed 26 of its demands for state voter data, NPR reported. The Associated Press reported that noncitizen voting is rare and has not been shown to change an outcome.
- By district, the cases split 13 Central, 6 Eastern, 5 Northern and 4 Southern.
- Felony counts carry up to five years; the misdemeanor alien-voting count, one year.
- A July Homeland Security letter alleged up to 190,000 noncitizens on California's rolls.
Acting Deputy Attorney General Trent McCotter and First Assistant U.S. Attorney Bill Essayli lead the federal effort. Weber, Attorney General Rob Bonta and Los Angeles County Registrar Dean Logan answer for the state and county. All 28 people charged were on the list; many do not appear to have voted, NPR reported. The others on the list, county ballot workers and California's more than 20 million voters wait on the court.
Disputedwhether the federal list identifies illegal ballots that should be held, or eligible voters whose ballots would be held without due process.
The FramingsFederal enforcement framing, from McCotter and Essayli, holds that each noncitizen ballot dilutes a citizen's vote. "Every illegal vote cancels out the vote of a lawful American citizen," McCotter said, calling the 20,000 figure "just the floor." State framing, from Weber and Bonta, holds that the demand breaks the law and overstates the problem. Weber wrote that it is "contrary to both federal and state law." Bonta called isolated cases "a drop in the bucket." County framing, from Logan, holds that the department "has chosen to litigate their unverified assertions of voting eligibility." Election-law framing, from UCLA's Rick Hasen, predicts the suit will "go nowhere."
The RecordThe 28 complaints, the 11 arrests and the emergency motion are documented in the department's release and court filing. The complaints are allegations. The department has not made the 20,000-name list public, and Weber's office says it received no proof behind the July estimate. Confidence that the charges and motion were filed: certain. Confidence in how the court rules: low.
What to watch: A hearing date and ruling on the emergency motion in Los Angeles federal court. More charges during early voting, which the department says are coming. Election Day, Nov. 3.
Sources: AP, NPR, ABC7 Los Angeles, Courthouse News, MyNewsLA, U.S. Department of Justice
