Judge tosses DOJ emergency bid to set aside 20,000 ‘suspect’ ballots

LOS ANGELES (KESQ) - A federal judge today rejected the Justice Department's emergency bid to stop California from processing more than 20,000 ballots from people the federal government suspects may be non-citizens but are registered to vote in next week's election.

Such a request by the Trump administration "would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens,'' U.S. District Judge David O. Carter wrote in a 26-page order Wednesday.  

"The Executive Branch cannot replace the remedy Congress carefully enacted with its own unlawful and unconstitutional solution instead. Eroded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred,'' Carter wrote.

"If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger. This Court declines to be a party to such process.''

Carter heard arguments Tuesday from federal prosecutors and California officials but indicated he was unlikely to grant the request. He said he would hold a second hearing in the case during the next two weeks with expert testimony from the DOJ, Los Angeles County and a court-appointed special master.  

The judge said election officials have until Dec. 3 -- the date by which election results must be certified -- to resolve the issue, suggesting there was no immediate need for a last-minute temporary restraining order.   

"You've got a remedy for goodness sake,'' Carter told federal officials Tuesday. "Go out and indict.''  

Bill Essayli, the top federal prosecutor in the Los Angeles area, had pushed for an immediate ruling from the bench Tuesday, claiming federal law covering non-citizen voting eclipses the state's right to run its elections.   

"What they cannot do is do nothing and proceed to count the votes,'' Essayli argued.  

Attorneys for the state and Los Angeles County criticized the DOJ for trying to block votes from a list allegedly compiled using "unreliable'' methodology.

"They still won't even tell us how the list was generated,'' California Deputy Attorney General Michael Cohen argued. "The executive is now bullying counties across California to work closely with federal agencies to investigate further, or else suffer litigation and even prosecution.''

Carter concluded the hearing with a warning to the Trump administration.   

"This court believes that it would be wise that any threats to state and county election employees cease immediately,'' the judge told the DOJ. "Good night.''

Essayli has repeatedly threatened to prosecute election officials if they don't meet the DOJ's demands to set aside ballots until citizenship status is confirmed. "Knowingly processing non-citizen ballots is a federal crime... We will hold election officials accountable,'' he recently posted on X. ``No one is above the law."   

The DOJ sued California on Oct. 15, more than a week after mail ballots were sent to all registered voters, demanding it set aside 20,000 ballots from alleged non-citizens after the state refused to voluntarily sequester those votes.

The DOJ tried to avoid Carter's review by appealing to the 9th Circuit Court of Appeals before the judge could issue an order on the TRO bid. But the court refused to consider the emergency appeal until Carter ruled.   

Carter, a Bill Clinton appointee who is overseeing the closely watched lawsuit, United States of America v. State of California, et al., previously dismissed a DOJ attempt to force California to turn over its full voter registration list to the federal government.  

The Justice Department has sued 30 states that refused to turn over voter data, losing the majority of the cases so far.   

In opposition to the administration's TRO demand, Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan argued they lack the mechanisms and legal authority to freeze mail ballots until voters' citizenship can be verified.

"Voting is already underway in Los Angeles County,'' the motion states. "Ballots have been mailed, returned and processed, and election officials are working toward fixed deadlines for counting and certification. Plaintiff United States of America, through the Department of Justice ... now asks this court to interrupt that work and enjoin the withholding of 20,000 registered California voters' ballots pending investigation based solely on an unreliable voter roll maintenance list.''  

Weber's office said federal officials claimed in July that California had 190,000 non-citizens on its voter rolls. When her office asked for evidence, "They refused and provided California with nothing.''  

The Trump administration has long alleged that large numbers of non-citizens were casting ballots in California and elsewhere, but officials have not provided proof or documentation of widespread fraud.

Also on Wednesday, the San Diego County Registrar of Voters refused a request from the DOJ to set aside the ballots of 1,709 San Diego County voters who federal officials allege are non-citizens.

A letter signed last week by San Diego U.S. Attorney Adam Gordon requested the ballots be left uncounted until the voters' citizenship status could be verified, while hinting at ``legal consequences'' if votes ended up cast for non-citizens.