Elections: order targets DHS field operations in nine states

Judge Araceli Martínez-Olguín issued an October 21 order targeting DHS election-related field operations in nine states when they involve, or are likely to involve, people agents know or should reasonably suspect are U.S. citizens. [13]

Explicit conditions

The text stays its effect until 5 p.m. on October 23, without naming a time zone. It requires plaintiffs to post a US$100 bond by 5 p.m. on October 22 or face dissolution. Payment has not been confirmed here. [12]

DHS’s position

NPR reports that DHS defends its mission against unlawful voting and says it has no plans to investigate people it believes are U.S. citizens. [13]

A separate lawsuit, filed October 20

Democratic leaders sued in federal court in Washington on October 20. They seek to block federal pressure over voter rolls, ballot issuance and counting, and threats of prosecution against election officials. [10]

Scope of the lawsuit

The complaint cites the California dispute. Its allegations and requested remedies are not a court ruling. [10]

The federal response

AP reports that the Justice Department says its actions are grounded in law and subject to litigation. The agency confirms the lawsuit was filed. [11]

The US Justice Department announced charges against 28 noncitizen lawful permanent residents on October 19 and the arrest of 11 of them in California. Charges include false statements related to naturalization and, depending on the case, unlawful registration or voting. The defendants are presumed innocent. [8]

California’s response

AP confirms the announcement of charges and reports that California Attorney General Rob Bonta disputes claims of widespread fraud. He describes isolated cases in a state with 23 million registered voters. [9]

Donald Trump escalated the warning late on October 16 by threatening officials with long prison terms, AP reports. His statement establishes no guilt. [5]

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]

Reviewing the data

The Los Angeles Times reports on October 17 that Dean Logan’s office is reviewing the spreadsheet sent by Washington. It says it is awaiting requested details about the methodology used to select the names. [7]

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]