Judge Denies DOJ Request
The Department of Justice’s (DOJ) attempt to compel California election officials to set aside 20,000 ballots, suspected to be cast by noncitizens, was rejected by a federal judge. Judge David O. Carter of the U.S. District Court for the Central District of California denounced this request, warning that such actions could endanger democracy. He stated that unproven allegations should not discount votes or impact an ongoing election, emphasizing the irreparable harm to trust in democracy once ballots are segregated.
Impact and Concerns
Judge Carter expressed concerns about the potential disruption to the ongoing election, which could discourage both election workers and voters. He found the DOJ’s underlying claims unlikely to succeed. Moreover, he criticized the government’s inability to demonstrate why federal law could intervene in California’s election procedures at this stage. Carter questioned the accuracy of the evidence used by the DOJ to identify noncitizen voters, citing inaccuracies and historical false positives in citizenship databases.
Legal Precedents and Implications
The ruling heavily relied on the Purcell principle, originating from the Supreme Court’s 2006 decision in Purcell v. Gonzalez. This principle advises against last-minute changes to election rules close to elections to prevent confusion among voters and administrative chaos. Carter stressed that altering established election protocols during an election period was a step the court was unwilling to take.
National Debate on Noncitizen Voting
This case intersects with a national debate on noncitizen voting and election integrity. Although federal law prohibits noncitizens from participating in federal elections, questions about identifying noncitizens reliably persist. Judge Carter pointed out that the federal government could use existing criminal enforcement mechanisms to address illegal voting rather than forcing election officials to segregate ballots.
DOJ’s Legal Action
The DOJ provided a list of over 20,000 names to California officials for review within 48 hours, which was not complied with, leading to the lawsuit. Utilizing data from U.S. Citizen and Immigration Services (USCIS), the DOJ attempted to match voter-roll information with their records for accurate identification. However, the DOJ did not guarantee that manual verification implied definite noncitizen status, keeping the issue unresolved.