California has been ordered by a federal appeals court to respond to the DOJ’s emergency request regarding mail-in ballots sent to alleged noncitizens ahead of the midterm elections.
A federal appeals court has mandated that California respond to an emergency request from the Department of Justice (DOJ) concerning approximately 20,000 mail-in ballots sent to individuals suspected of being noncitizens. The U.S. Court of Appeals for the Ninth Circuit issued this order late Friday, requiring the state to provide a response by noon on Saturday.
The DOJ’s emergency request was prompted by U.S. District Judge David Carter’s failure to rule by a deadline previously set by the department. The Justice Department is urging California election officials to sequester the ballots associated with individuals on its list while their eligibility is assessed, rather than allowing these ballots to be processed alongside others.
In its emergency filing, the DOJ underscored the urgency of its request. “This is an emergency,” the filing stated, submitted by Attorney General Todd Blanche and First Assistant U.S. Attorney Bill Essayli. “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.”
Despite the Ninth Circuit’s order, a hearing before Judge Carter is still scheduled for Tuesday, leaving uncertainty about whether the appeals court will issue a ruling before that date.
Essayli previously informed Fox News Digital that federal investigators have evidence indicating that the 20,000 individuals received mail-in ballots in October. His office filed a lawsuit against California last week, seeking a court order to prevent ballots returned by these individuals from being counted.
“We’re not asking California to take any drastic steps other than to sequester the ballots from the suspected noncitizens,” Essayli stated in an interview. “We believe it’s at a minimum of 20,000. That’s the floor.”
Essayli also engaged in a social media exchange with California Governor Gavin Newsom regarding the state’s measures against noncitizen voting. He accused California of permitting noncitizens on its voter rolls due to inadequate citizenship verification procedures. In response, Newsom defended the integrity of California’s elections, asserting that the state is adhering to the law.
California election officials have rejected the DOJ’s demands. In court filings, they contended that county election offices lack both the authority and access to federal records necessary to verify voters’ citizenship status. They also indicated that separating ballots associated with individuals on the DOJ’s list would be unfeasible in cases where the ballots have already been processed.
According to California officials, once a mail-in ballot’s signature has been verified, the ballot is separated from its identifying envelope and processed with other ballots. Court records reveal that officials have already processed 331,000 ballots in Los Angeles County alone.
This escalation follows the initial lawsuit filed by Essayli’s office on October 15, shortly after California began mailing ballots to voters.
For further details, refer to Fox News.