THE DAILY BS: HOW MUCH CAN YOU HANDLE?
SPARE ME THE BS (I’ve got things to do).
- The Justice Department warned California election officials Friday that knowingly tabulating ballots cast by noncitizens could expose them to federal prosecution.
- The warning followed a federal lawsuit involving approximately 20,000 registered voters whom investigators suspect may be noncitizens.
- California rejects the government’s unverified allegations, while election officials say eligibility decisions must be supported by reliable evidence.
LAY IT ON ME (I’ve got time).
California’s latest election fight with the Trump administration has gone from an ultimatum to a lawsuit to something considerably more personal.
Federal prosecutors are now warning election officials that they could face criminal charges if they knowingly count ballots cast by noncitizens.
And we’re not talking about a vague political threat delivered at a campaign rally.
Acting Deputy Attorney General Trent McCotter put it in writing Friday.
“The legal consequences for either facilitating or ignoring a federal crime are significant,” McCotter warned in a letter to Los Angeles County officials.
“Noncitizen voting in a federal election is a federal crime — and knowingly facilitating such conduct is equally unlawful.”
Then came the sentence that ought to get the attention of anyone responsible for counting ballots.
“If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime.”
That’s a remarkable escalation with the November 3 midterms approaching.
The warning follows Thursday’s Justice Department lawsuit alleging that more than 20,000 people registered to vote in California are likely noncitizens.
Federal investigators say they developed the list by analyzing voter-registration information and potential indicators of ineligibility.
California, however, disputes the accuracy of those findings and says federal authorities have not demonstrated that the identified individuals are actually noncitizens.
That’s a crucial distinction. A federal agency’s suspicion about eligibility is not the same as a verified finding that someone registered or voted illegally.
The controversy began when Justice Department officials gave California a 48-hour deadline to review the names and prevent potentially ineligible ballots from being counted.
The list arrived on a password-protected thumb drive.
State and county officials questioned both the delivery method and the demand that thousands of voter records be checked almost immediately.
When California failed to satisfy the federal deadline, the Justice Department sued.
Now the department has raised the stakes further by warning officials about criminal liability.
Attorney General Todd Blanche outlined the administration’s position when the lawsuit was announced.
“State-facilitated voter fraud is unacceptable in the United States of America,” Blanche said.
He added an important qualification: “If found responsible in a court of law,” California would have undermined confidence in the electoral system and violated federal election protections.
Los Angeles County Registrar Dean Logan isn’t conceding anything.
“The U.S. Department of Justice has chosen to litigate their unverified assertions of voting eligibility,” Logan said.
“At this point, it is best for this to be addressed in court.”
Election-law experts have also questioned whether the department’s warnings exceed its authority or adequately distinguish between knowingly accepting an illegal vote and processing a ballot from someone whose eligibility is merely disputed.
UCLA election-law professor Rick Hasen said the letter “ups the ante by threatening election officials with potential criminal prosecution.”
His criticism was pointed.
“It is deplorable that rather than work cooperatively and assist states in their election administration responsibilities, the federal government is making escalating threats and unreasonable demands beyond its power in the middle of an ongoing election,” Hasen said.
Federal law prohibits noncitizens from voting in federal elections. Nobody seriously disputes that legal requirement.
The fight is over whether the federal government has correctly identified ineligible voters, what California must do about them, and whether election workers can be held criminally responsible for how the disputed ballots are handled.
California automatically mails ballots to registered voters. With more than 23 million registered statewide, officials argue that removing eligible Americans based on unverified records could create its own serious legal problems.
The Justice Department argues that failing to act on credible warnings could permit unlawful votes to enter the count.
And several closely contested congressional races in California make the dispute politically consequential.
For now, no court has established that all 20,000 people on the federal list are noncitizens or that their votes have been illegally counted.
But the federal government’s warning is unmistakable.
What started with a thumb drive is now a courtroom battle carrying the possibility of criminal prosecution.
Election officials might want to keep both their voter records and their lawyers close at hand.
DBS WIRE SOURCES (I’ve got all day).
- Associated Press — California officials warned they risk prosecution over disputed ballots
- Justice Department — Official announcement of California voter-list lawsuit
- Department of Justice — Attorney General Todd Blanche’s statement
- ABC News — Trump administration threatens to prosecute California election workers
- San Francisco Chronicle — Election lawyers question federal lawsuit
