DOJ sues to segregate ballots

The Justice Department sued California to segregate roughly twenty thousand ballots belonging to individuals it claims are likely noncitizens, one week before the state's election.

Judge skeptical of emergency action

U.S. District Judge David O. Carter appeared skeptical of the DOJ's efforts to seek emergency action, describing the request as forcing a monumental change in California's election administration.

“monumental change”

Special master appointed instead

Judge Carter said he intends to appoint a special master to probe the DOJ's process that led it to compile the list of alleged twenty thousand likely noncitizens.

DOJ argues federal compliance

Bill Essayli, the U.S. Attorney for the Central District of California, argued the administration was pushing for California to comply with federal law barring noncitizens from voting.

States defend election control

State officials and legal advocates countered that the litigation violated Constitutional principles mandating states control their elections and could create chaos in tabulating final vote counts.

Judge warns against threats

Judge Carter admonished the administration over recent letters to California officials suggesting prosecution if they tabulate ballots from the alleged noncitizen list, saying threats must cease immediately.

“This court believes it would be wise that any threats to state and county elected employees cease immediately.”