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Justice Department Pursues California Noncitizen Voter Records Through Letters and Lawsuit

The Justice Department has sent letters to at least 18 California counties seeking information on about 1,600 flagged voters, and has sued the state and Los Angeles County over about 20,000 voters. A federal hearing is scheduled for Tuesday, and 28 people from the flagged list have been charged with illegal voter registration.

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The essentials

Justice Department letters and a lawsuit target California voters flagged as possible noncitizens, with charges filed against 28 people.

The U.S. Justice Department has sent letters to at least 18 California county election offices seeking information on voters it has flagged as possible noncitizens. Demands vary by county: San Bernardino County was asked to address 1,133 suspected noncitizen voters, Contra Costa County was asked to identify 407, and Santa Cruz County was asked to determine the citizenship of 81 people. The letters also demanded ballot segregation.

Similar letters were sent to the California Secretary of State and the Los Angeles County registrar, and the department has since sued both over about 20,000 voters. A federal hearing on the lawsuit is scheduled for Tuesday. The department has also asked the Ninth Circuit to rule before the district court issues a decision.

Separately, federal authorities have charged 28 people from the flagged list with illegal voter registration. A federal judge has also rejected a Justice Department lawsuit seeking California voter records. The outcome of the pending proceedings and the status of the flagged records remain unresolved. Meanwhile, California reports more than 330,000 mail-in ballots already counted in the midterm election.

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Enforcement

Federal Push Reaches Multiple California Counties and Thousands of Records

Viewed as an enforcement effort, the letters, lawsuit, and criminal charges show federal action spanning several jurisdictions. Requests range from 81 people in Santa Cruz County to 1,133 in San Bernardino County, and the suit covers about 20,000 voters. Asking the Ninth Circuit to act before the district court rules signals the department's interest in a rapid resolution.

Court Record

Parallel Court Proceedings Leave California Voter Dispute Unsettled

Viewed through the courts, the dispute remains open. A federal judge has rejected a Justice Department lawsuit seeking California voter records, while a hearing on the lawsuit against state and county officials is set for Tuesday. The request for appellate action before a lower court ruling means decisions could arrive on overlapping timelines, as more than 330,000 mail-in ballots have already been counted.