Court hearing scheduled Oct. 27 on federal bid to purge voter rolls

Wave Staff and Wire Reports

LOS ANGELES — A federal court hearing is scheduled Oct. 27 in the Trump administration’s expedited bid for a temporary restraining order seeking to purge more than 20,000 “likely non-citizens” from California’s voter rolls in the days before the midterm elections.

The closely watched lawsuit, United States of America v. State of California, et al., was assigned to the same judge who previously dismissed a U.S. Justice Department bid to force California to turn over its full voter registration list to the federal government.

Government prosecutors have sued 30 states that refused to turn over voter data, losing the majority of cases so far.

“We’re not asking California to take any drastic steps other than to sequester the ballots from the suspected non-citizens,” First Assistant U.S. Attorney Bill Essayli said earlier this week. “We believe it’s at a minimum of 20,000. That’s the floor.”

The Department of Justice appealed to a federal appeals court Oct. 22 even though U.S. District Judge David O. Carter has not yet ruled on the emergency request to block the counting of thousands of suspected non-citizen vote-by-mail ballots.

The pre-emptive strike was filed with the 9th Circuit Court of Appeals after the judge failed to meet a deadline the department had requested for a ruling. Federal prosecutors said in the filing that Carter’s apparent unwillingness to meet the deadline amounts to a “constructive denial” of the Department of Justice’s request for preliminary relief.

In opposition to the department’s 11th-hour attempt to have election officials set aside the allegedly suspect ballots, defendants Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan contend they lack both the mechanisms and the legal authority to freeze mail ballots in the November election until the voters’ citizenship can be verified.

Any alleged evidence suggesting that tens of thousands of people in Los Angeles County are unlawfully registered to vote is entirely “unreliable,” according to the county’s opposition to the temporary restraining order request.

“Voting is already underway in Los Angeles County,” according to the motion. “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.”

According to Weber’s office, federal officials claimed in July that California had 190,000 non-citizens on its voter rolls, but when her office asked for proof of their claims, “They refused and provided California with nothing.”

The Trump administration has long asserted that large numbers of non-citizens were casting ballots in California and elsewhere, although officials have never provided any proof or documentation of such sweeping fraud.

Monica Flores, an official in the county registrar’s office, wrote in an affidavit that the registrar “has no authority under state or federal law to withhold or set aside the ballot of a registered voter on the basis of a third party’s assertion that the voter may not be a citizen, has no information beyond the voter’s own attestation with which to determine citizenship, and has no lawful means of obtaining such information.

“In addition … a substantial part of what the [Department of Justice] requests is no longer physically possible, and the remainder could not be carried out without placing the timely and accurate administration and certification of the General Election at risk.”

In its request for an immediate ruling on the temporary restraining order request, federal prosecutors wrote that time was of the essence.

As the defendants “continue processing ballots that cannot later be segregated or verified for eligibility, the dilution of lawful votes accelerates in real time,” according to the motion.

“This is an emergency,” Department of Justice lawyers wrote. “Every minute of processing that occurs without segregating the ballots of suspected non-eligible voters causes untraceable disenfranchisement and dilution of the votes of United States citizens.”

County officials are urging residents to cast their ballots early to fight back against what they call an attempt to intimidate voters.

“The federal government’s continued attempts to deter voting and instill fear is an affront to our democracy,” County Supervisor Hilda Solis said in a statement earlier this week. “While those who commit voter fraud should be held accountable, allegations of widespread deception are completely unfounded. 

“Los Angeles County voters should to be able to cast their ballots without interruption, interference, or intimidation from the federal government.”

Solis’ comments came hours after federal officials announced the arrests of a nearly a dozen foreign nationals in a statewide voter fraud initiative dubbed “Operation Protect the Vote.” The 11 arrests were part of a coordinated effort among California’s U.S. attorney’s offices to root out fraud in elections and ensure electoral integrity, Acting U.S. Deputy Attorney General Trent McCotter said.

A total of 28 non-citizens — lawful permanent residents, or green card holders — were charged in the case. Although lawful residents have legal immigration status in the United States, they are not permitted to vote in U.S. elections.

The criminal charges include making false statements in a naturalization application, and some of the defendants also are charged with fraudulent voter registration. Both charges are felonies that each carry a sentence of up to five years in federal prison.

The charges came days after the Department of Justice filed a case in Los Angeles federal court seeking to prevent election officials in Los Angeles County and across the state from tallying mail ballots submitted by roughly 20,000 suspected non-citizens in the upcoming election.

The 28 people charged are among the 20,000 likely non-citizens identified by the Justice Department, McCotter said.

County Supervisor Janice Hahn decried the arrests and charges as “voter intimidation and a blatant attempt to undermine trust in our midterm elections.”

“These arrests are being used to paint a picture of widespread voter fraud when we know that is not the case,” Hahn said. “California has laws in place to protect the integrity of our elections, and L.A. County is fully abiding by them. I urge everyone to not let these tactics keep you from exercising your right to vote. Vote early and remember that you can safely cast your ballot from home with your vote-by-mail ballot or safely drop your ballot at a ballot drop box.”

Logan, the county registrar-recorder, said the county is committed to ensuring a fair election.

“That’s what voters should expect, and that is what we are prepared to deliver,” Logan said. “The U.S. Department of Justice has chosen to litigate their unverified assertions of voting eligibility. At this point, it is best for this to be addressed in court, but our message to voters is clear. Do not let this activity deter you from participating and making sure your voice is heard through voting.”