Midterm Prep: California officials mobilize against federal ballot challenges
With 20,000 ballots flagged by the Justice Department, state leaders deploy legal teams and urge judges to deny seizure requests ahead of Tuesday's vote.
By Rafael Bailey ·
More than 23.4 million California voters are registered for Tuesday's midterm election. In that pool, the Justice Department has flagged 20,000 ballots cast by individuals it alleges may be noncitizens. That figure represents less than one-tenth of 1% of the state's total electorate, a detail state officials cite to argue that widespread fraud is rare.
Despite the small percentage, Governor Gavin Newsom and Attorney General Rob Bonta are preparing for federal intervention. Newsom told reporters on Monday that the state is serious about ballot security. He added that if the administration attempts to meddle with the process, California will prosecute those who assist. Bonta said in an interview posted on Sunday that the president is intent on achieving a specific outcome and will use any means necessary to reach it.
The Justice Department appealed to the U.S. Supreme Court after lower courts rejected its bid to block the 20,000 ballots. The Supreme Court denied the request. In a separate action, a federal judge barred officials from demanding that the state segregate those ballots. The department also filed criminal charges against seven noncitizens, bringing the total number of lawful permanent residents charged with election-related offenses in the state to 35.
First Assistant U.S. Attorney Bill Essayli stated that the charges are a sampling from the larger list. He said the goal is to get California to stop counting votes from noncitizens. Local partner San Luis Obispo County District Attorney Dan Dow announced one local charge from a subset of 63 suspected non-citizens in his county. Dow described California's registration system as an honor system that does not work.
Newsom wrote to federal district court judges across the state on Saturday. He urged them to deny any requests for warrants to seize ballots or voting technology while an election is underway. He argued that state laws on chain of custody ensure evidence is preserved without the need for federal seizure. He expressed grave concerns that agents might pivot to criminal courts after losing other legal battles.
The administration is also challenging the Alaska Senate race, alleging that a third candidate with the same name as incumbent Sen. Dan Sullivan is confusing voters. A federal judge dismissed that suit on Sunday. White House officials maintain they are protecting American votes from illegitimate ones. Democratic leaders counter that the lawsuits are a pretext to challenge midterm results if the outcomes are unfavorable.
Among the newly charged is Moria Dahan, a 35-year-old Israeli national living in West Hills. Prosecutors alleged she falsely stated she had never registered to vote on her naturalization application. Her attorney, Tiffany Feder, said the issue was a mix-up and that Dahan was targeted by a scheme to induce her to register. Feder noted that Dahan's naturalization application was withdrawn promptly after the error was discovered.
