Justice Department alleges 20,000 mail voters in California are noncitizens
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Federal prosecutors say investigators have identified about 20,000 individuals on California voter rolls who are not U.S. citizens and have received mail-in ballots, and are seeking a court order to separate those ballots.
Federal prosecutors in California announced that investigators have confirmed roughly 20,000 people flagged on the state’s voter rolls as "likely noncitizens" are not U.S. citizens and have received mail-in ballots this month. Bill Essayli, the first assistant U.S. attorney for California's Central District, said his office filed a lawsuit on Oct. 15 seeking an emergency court order to have the ballots set aside.
"We're not asking California to take any drastic steps other than to sequester the ballots from the suspected noncitizens," Essayli told Fox News Digital. "We believe it's at a minimum of 20,000. That's the floor."
Essayli indicated the 20,000 figure is a lower bound and that additional names could be added as the investigation continues. He referenced a July letter from Homeland Security Secretary Markwayne Mullin that identified nearly 200,000 voters as possible noncitizens, which federal investigators have been reviewing.
California election officials have opposed the request, arguing that county offices lack authority and access to federal records needed to verify citizenship, and that once a mailed ballot’s signature is verified, the ballot cannot be traced back to an individual.
"That is true. That's why we're getting an emergency court order requiring them to put those ballots aside," Essayli said. "Ballots have already gone out, people are filling them out and they're being returned in process as we speak."
The Justice Department asked a judge to rule on the emergency request by Thursday. In Los Angeles County, court records show that 331,000 mail ballots have already been processed.
California officials have questioned the reliability of the DOJ list. Monica Flores, an assistant registrar-recorder in Los Angeles County, reported that a sample of 200 records from the list included many canceled or inactive registrations, and that about 39% of those with reported birthplaces were born in the United States, which she described as "strong evidence of citizenship."
Essayli disputed the sample’s conclusions, noting that birthplace and citizenship information on voter registrations are self-reported by the registrants.
The dispute follows a separate lawsuit in which a district court dismissed the DOJ’s request for California’s full voter-registration database, deeming the request "unprecedented and illegal." The DOJ has appealed that decision and the litigation remains ongoing.
"One noncitizen voting is too many," Essayli said. "One illegal vote cancels out the vote of an American citizen. Noncitizens cannot vote in federal elections, and we intend to enforce that law."