The U.S. Justice Department asked a federal court to set aside returned California mail ballots from registrants it suspects may be noncitizens, testing voter eligibility procedures before the Nov. 3 midterm elections.
The Oct. 15 complaint said federal agencies had identified more than 20,000 people they believed were likely noncitizens registered to vote in California. It alleged that nearly 20,000 of those people had received or would receive mail ballots. The requested injunction would hold returned ballots from people on the list apart while their citizenship is checked.
California Secretary of State Shirley N. Weber challenged the request, saying her office had not received the list when the department asked it to examine the names. She said Los Angeles County had received it, and she disputed the evidence behind the federal assessment.
California mails ballots to registered voters. The Justice Department argues that setting aside the identified ballots would guard against counting votes cast by ineligible people. Weber says eligible voters could be affected if officials withhold ballots using a list she contests. The complaint does not establish that anyone on the list is ineligible or has voted.
The Justice Department is awaiting a ruling on its request. Separately, the U.S. Election Assistance Commission (EAC) says election-night totals are preliminary. Officials must reconcile ballots, complete any required audits and certify the results.
California says ballots received before Election Day are typically counted Nov. 3, with counting continuing afterward. Mail ballots postmarked by Nov. 3 may arrive through Nov. 10 under California's ballot calendar. Counties must certify results by Dec. 3, and the secretary of state's certified statement of vote is scheduled for Dec. 11.
