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California sues to stop 48-hour federal audit of 20,000 ballots before midterms

Attorney General Rob Bonta argues the Justice Department's rushed citizenship check risks disenfranchising US-born citizens two weeks before the election.

By Amir Navarro ·

Illustration for: California sues to stop 48-hour federal audit of 20,000 ballots before midterms
Illustration generated for this article, not a news photograph.

The race to the November midterms has triggered a legal clash between California and the federal government over the verification of 20,000 ballots. California Attorney General Rob Bonta filed a lawsuit on Saturday to challenge a directive from the Department of Justice. The federal order requires state election officials to confirm the citizenship status of specific voters within 48 hours. This timeline leaves less than two weeks before voters head to the polls.

The conflict began when federal prosecutors sent letters to county election officials on Friday. The letters requested immediate cooperation with the Department of Homeland Security to verify the status of individuals on a list of roughly 20,000 names. The Justice Department framed the request as a measure to ensure the security of the upcoming election. However, California officials argued the deadline was too short to complete the review without error.

State leaders have criticized the federal approach as politically motivated. Bonta told MS Now that the department was "politicizing and weaponizing the law" to attack political opponents. He noted that the state received only names without explanations for why those individuals were deemed ineligible. Governor Gavin Newsom amplified the criticism on social media, describing the process as an "Absolute clown show." He pointed out that the lists included residents who had never voted and voters from the wrong county.

Election officials in Los Angeles warned that the rushed audit could strip eligible citizens of their voting rights. They stated that a high percentage of the people named on the federal list were born in the United States. Congressman Pete Aguilar, representing a district in San Bernardino County, said that voter intimidation has no place in the democracy.

The federal government maintains that its actions are necessary to uphold election integrity. The Justice Department recently charged 28 foreign nationals with fraudulently registering to vote. Bill Essayli, the first assistant US attorney, stated that these arrests prove California is mailing ballots to noncitizens. He added that the defendants are lawful permanent residents who hold legal status but are not citizens eligible to cast a ballot.

Some state officials initially ignored the letters sent on Friday due to the tight schedule. This inaction escalated the dispute into a formal legal battle. The case is now before the federal system for resolution. The timing of the litigation places the audit deadline directly in the middle of the final campaign period.

An appeals court is scheduled to hear arguments in the matter on Tuesday. The court will determine whether the 48-hour verification window stands or if the federal demand must be paused. The decision will impact how counties handle the citizenship checks for the 20,000 individuals on the list. The outcome may set a precedent for how federal and state election authorities interact during this midterm cycle.

Source: The Guardian

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