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DOJ Drops California Voter Lawsuit Over Suspected Noncitizen Ballots

The U.S. Department of Justice is dismissing a lawsuit that tried to force California to set aside the ballots of suspected noncitizen voters, marking the formal end of the Trump administration’s most aggressive effort to control vote counting in the…

DOJ Drops California Voter Lawsuit Over Suspected Noncitizen Ballots

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Illustration of a ballot box marked with California beside stacked ballots and a wavi — DOJ drops California voter lawsuit
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DOJ Drops California Voter Lawsuit Over Suspected Noncitizen Ballots

The U.S. Department of Justice is dismissing a lawsuit that tried to force California to set aside the ballots of suspected noncitizen voters, marking the formal end of the Trump administration’s most aggressive effort to control vote counting in the…

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Key points

  • The Department of Justice formally dropped its lawsuit seeking to isolate 20,000 suspected noncitizen ballots in California.
  • Federal prosecutors cited ballot commingling as the primary technical reason for ending the civil litigation before a Scheduled Court hearing.
  • Justice Department officials affirmed that federal civil and criminal investigations into election integrity will continue nationwide.

— Federal prosecutors officially withdrew a high-profile federal challenge over election integrity in the Golden State on Friday night. Consequently, the Department of Justice filed a notice dropping its legal action against state and local election administrators. The case aimed to force election workers to isolate roughly 20,000 ballots. Federal officials suspected noncitizens cast these votes.

Why did officials act in the Trump DOJ California election lawsuit?

Federal prosecutors withdrew the Trump DOJ California Election Lawsuit Because County workers had already mixed disputed ballots with standard votes. Assistant U.S. Attorney Julie A. Hamill explained this in court documents. Specifically, segregating those specific ballots became technically impossible once processing began. Consequently, the government ended the Formal Court challenge before a Nov. 13 evidentiary hearing.

The legal dispute centered on a registration list compiled by the U.S. Department of Homeland Security. DHS officials identified approximately 20,000 voters whom federal authorities suspected lacked full U.S. citizenship. Therefore, Federal Attorneys Sought Court orders requiring local registrars to set those ballots aside during tabulations. However, state election officials strongly defended their existing verification systems. Furthermore, they questioned the accuracy of the federal list.

Despite ending this civil litigation, federal authorities emphasized that enforcement efforts remain active. First Assistant U.S. Attorney Bill Essayli reaffirmed the administration’s commitment to election security in a public statement. He stated,

“We will pursue every civil and criminal remedy to ensure only eligible American citizens vote in American elections.”

What does the dismissal mean for local election integrity?

The dismissal leaves voter verification Firmly Under Existing County protocols across California. Local election officials maintain that statutory safeguards adequately protect ballot integrity. These safeguards include perjury attestations and signature matching.

Local election administrators welcomed the conclusion of the federal litigation. Dean Logan serves as the top election official for Los Angeles County. Previously, he warned that forcing staff to isolate tens of thousands of individual ballots mid-count could stall processing. However, federal officials countered that verifying voter status is vital for public trust.

After the filing, Logan stated:

“At each stage of this election, and in response to the Department of Justice, we have been clear that state and federal law sets well-defined standards for verifying and challenging voter eligibility.”

How does the Los Angeles County election lawsuit affect local voters?

The Los Angeles County election lawsuit directly targeted the state’s largest voter jurisdiction. Local workers process millions of mail-in and in-person ballots under strict state guidelines. Because federal prosecutors ended the lawsuit, election clerks in Los Angeles County will continue standard canvassing operations. Therefore, they will not set aside disputed ballots for federal review.

California law requires voters to sign an oath declaring U.S. citizenship under penalty of perjury. Next, election workers cross-reference signatures on ballot envelopes against voter registration files before counting votes.

Key safeguards used by local election officials include:

  • Mandatory signature verification on all return mail envelopes.
  • Citizenship affirmation under penalty of perjury upon initial registration.
  • Routine ongoing maintenance of county voter registration rolls.
  • Post-election audit procedures conducted prior to final vote certification.

What is the background of the California noncitizen voter lawsuit?

The California noncitizen voter lawsuit formed part of a broader federal effort to enforce voting qualifications nationwide. Recently, federal agencies stepped up investigations into potential noncitizen voting risks. However, procedural hurdles and tight election timelines constrained federal prosecutors. As a result, they could not secure emergency injunctions before local canvassing began.

Just days before the national midterm elections, the Department of Justice requested emergency intervention from the U.S. Supreme Court. Specifically, federal attorneys asked the High Court to order California to freeze disputed ballots immediately. However, the justices rejected the federal government’s emergency application in a brief one-sentence order.

Meanwhile, federal agencies pursued parallel enforcement efforts nationwide. For instance, Homeland Security has arrested dozens of noncitizens over alleged election crimes in recent weeks. Additionally, federal prosecutors issued grand jury subpoenas to local administrators in Los Angeles County. These subpoenas examine voter roll data and ensure compliance with federal law.

How did federal actions impact other state elections?

Federal election integrity challenges extended beyond California during the midterm cycle. For example, the Department of Justice initiated actions in Washington state and Alaska. These actions sought to review voter eligibility and certification procedures. However, federal judges in both states restricted federal intervention. Thus, election administration remained largely under state oversight.

In Washington state, federal officials requested that workers set aside approximately 400 ballots belonging to suspected noncitizens. However, a federal judge issued an order blocking the federal mandate. Then, federal attorneys withdrew similar requests after courts declined emergency relief.

Similarly, federal officials launched legal proceedings in Alaska regarding ballot certification in a tight U.S. Senate contest. That race featured Sen. Dan Sullivan and challenger Mary Peltola. A federal judge subsequently dismissed that federal action. Still, federal officials maintain that robust oversight deters improper voting practices across all state jurisdictions.

This article was produced with the assistance of AI and reviewed by our editorial team.

Sources

Related: DOJ California Noncitizen Voters Lawsuit Escalates Election Integrity Battle

Related: DOJ Election Subpoenas Los Angeles County Officials in Federal Noncitizen Voting Investigation

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