Justice Department charges 28 noncitizens in California and seeks court order to block ballot processing
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Justice Department charges 28 noncitizens in California and seeks court order to block ballot processing

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Summary

The DOJ announced criminal charges against 28 green-card holders in California and filed an emergency request to halt the counting of ballots from individuals it identifies as likely noncitizens, prompting legal objections from state officials.

The U.S. Justice Department on Monday announced charges against 28 green-card holders in California for alleged election-related crimes and filed an emergency request in federal court to stop the state from processing ballots returned by individuals it says are "likely noncitizens."

Acting Deputy Attorney General Trent McCotter told reporters that the department "will not look the other way while noncitizens vote in federal elections" and warned that California and Los Angeles County could face criminal prosecution if they knowingly process such ballots.

California Secretary of State Shirley Weber responded that the requested measures would violate both federal and state law, describing the withholding of ballots as an "unprecedented suspension — and even denial — of voting rights." Los Angeles County’s assistant counsel Peter Bollinger echoed the concern, stating the actions would disenfranchise voters without due process.

All 28 defendants are green-card holders who appeared on a list of 20,000 names the DOJ provided to state officials. Prosecutors say many made false statements on naturalization forms about prior voter registration or citizenship. Bill Essayli, the First Assistant U.S. Attorney for California’s Central District, said the conduct was intentional, not a bureaucratic error.

The DOJ has charged 113 noncitizens across 20 states in the past seven weeks. UCLA election-law expert Rick Hasen noted that, given California’s more than 20 million registered voters, the number of allegations represents a very small fraction and may overstate the scope of noncitizen voting.

State officials argue that the Justice Department’s request is contrary to the National Voter Registration Act, which limits voter-roll purges close to an election, and that the methodology used to identify the 20,000 individuals has not been disclosed. Several voting-rights groups have filed to intervene in the case, contending that the lawsuit is more political than legal in nature.

Source

NPR

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