As election day approaches the one-week mark, a Los Angeles federal judge said he would respond Wednesday to the Trump administration’s emergency request to set aside thousands of mail-in ballots that Trump deems “likely” noncitizens. The judge indicated Tuesday that he would propose a further hearing within two weeks.
The Department of Justice and other California officials went before U.S. District Judge David O. Carter to determine voting eligibility for about 20,000 people federal prosecutors say are not legally registered to vote on Tuesday. Over the course of three hours, Carter appeared doubtful of the claims against the voters.
The judge gave election officials a deadline of Dec. 3 for resolving the dispute, which is the date by which election results must be qualified. He did not imply any immediate need to prevent the 20,000 votes from counting in the race, describing the administration as proposing a “monumental change” in California’s election.
The hearing comes after federal prosecutors sued the state of California and Los Angeles County when election officials initially refused to set aside the ballots of the thousands of people on the Trump administration’s list or validate their citizenship.
Bill Essayli, a federal prosecutor, argued at Tuesday’s hearing that the government had “found credible evidence of persons we suspect are non-citizens” registered to vote by mail.
Essayli also insisted Secretary of State Shirley Weber and Los Angeles County Registrar Recorder/County Clerk Dean Logan participated in the “co-mingling” of lawful and unlawful ballots.
State officials opposing the DOJ lawsuit argued that the suit fundamentally opposes constitutional principles allowing states to have control over election procedures, noting that it could have massive implications in voting counts going forward.
Attorney General Rob Bonta called out Trump’s injunction as an overstep.
“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,” Bonta said in a statement. “The court’s order serves as an important step in our efforts to protect Californians’ right to vote and our state’s authority to run fair and secure elections.”
Carter closed out his Tuesday hearing with a warning to the administration, indicating federal officials could be prosecuted should they interfere with the ballots of voters on the likely noncitizen list.
“This court believes it would be wise that any threats to state and county elected employees cease immediately,” Carter said. “Good night.”
On Monday, a federal appeals court denied the request to sequester the ballots, which sent it back to Carter’s district court.
Gov. Gavin Newsom welcomed the ruling from the appeals court, calling it “a positive development and a welcome speed bump to Trump’s disgusting attacks on the Constitution and our country’s democracy.”
“Make no mistake: Trump’s assault on democracy won’t slow down,” Newsom said in a statement. “Each and every one of us can do something: participate in democracy, don’t become disillusioned. Vote early, go to a vote center, put your ballot in a drop box.”
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