Washington threatens California election officials with prosecution

Federal prosecutor Bill Essayli warned on October 16 that officials knowingly counting unlawful ballots could face prosecution. He calls for flagged ballots to be set aside pending citizenship verification. [4]

A letter, not a conviction

AP and ABC report this threat in a letter from Trent McCotter. Los Angeles election official Dean Logan tells AP that the federal assertions are unverified and the dispute now belongs in court. [5]

The US Justice Department filed a lawsuit on October 15 seeking to set aside mail ballots in California until the affected voters’ citizenship is verified. It alleges that more than 20,000 registered voters are likely noncitizens. [1]

A request, not a ruling

These allegations establish neither a count of illegal votes nor a court ruling on voters’ eligibility. [1]

California’s response

In a response to an earlier federal demand, published October 15, Secretary of State Shirley Weber challenges the data’s reliability and the lack of an explanation of the methodology. She says she will review substantiated evidence but rejects excluding voters on suspicion alone. [2]

The risk of error

Reuters confirms that the lawsuit was filed in Los Angeles. The agency reports concerns that outdated data could wrongly identify naturalized citizens as noncitizens. [3]

Legal scholar Rick Hasen tells Reuters the request could face legal obstacles. His analysis does not determine the court’s eventual decision. [3]