Judge Carter to Rule on 20,000 LA County Ballots

U.S. District Judge David O. Carter is expected to rule Wednesday on a request from the Trump administration to invalidate nearly 20,000 mail-in ballots in Los Angeles County. The federal government argues these ballots were cast by individuals who are "likely" noncitizens. Carter held a three-hour hearing Tuesday where he showed skepticism toward the federal claims.

The Department of Justice filed its lawsuit on October 15 after Los Angeles County election officials refused to set aside ballots from a federal list. Prosecutors insisted on Tuesday that the voters were unlawfully registered based on "credible evidence." First Assistant U.S. Attorney Bill Essayli stated, "We've given California and LA County a list of people who we believe are noncitizens on the voter rolls. Once they came into the knowledge of noncitizens, they need to do something."

Carter suggested the Justice Department might be better served by pursuing criminal charges rather than blocking the count. He told the federal team, "You've got a remedy, for goodness' sake. Go out and indict." The judge referred to a federal law that criminalizes voting in federal elections by noncitizens. He also urged the government to stop threatening state and county employees with penalties.

Attorney Michael Cohen, representing the state, challenged the federal methods. He told the judge that Essayli's office relied on "data and methods known to be unreliable." The 9th Circuit Court of Appeals rejected the Justice Department's attempt to bypass the lower court on Monday. A 2-1 majority ruled the appeals court lacked jurisdiction because Carter had not yet issued a decision.

Gov. Gavin Newsom called the appeals court ruling a "welcome speed bump" to the administration's actions. "Make no mistake: Trump's assault on democracy won't slow down," Newsom said. He urged residents to vote early and use drop boxes. Attorney General Rob Bonta said the President had overstepped his authority. Bonta noted, "The U.S. Constitution gives states and Congress, not the President or the Executive Branch, the power to determine the time, place, and manner of elections."

The California Secretary of State's office stated that federal officials claimed in July that 19,000 noncitizens were on the state's voter rolls. The office said it asked for evidence of this claim, but federal officials refused to provide any. Carter pointed to December 3, the deadline for certifying election results, as the timeline for resolving the dispute. He indicated there was no need for a temporary restraining order before that date.