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Election Law: California AG sues DOJ over 48-hour ballot check

State officials challenge a federal demand to verify roughly 20,000 ballots in two days, citing the approaching midterm election and the status of the individuals on the list.

By Olivia Miller ·

Illustration for: Election Law: California AG sues DOJ over 48-hour ballot check
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California Attorney General Rob Bonta filed a lawsuit on Saturday against the United States Department of Justice. The suit challenges a federal demand that state election officials verify the citizenship status of approximately 20,000 ballots within 48 hours. Bonta argued that the Justice Department is acting at the direction of President Donald Trump to attack political opponents.

Bonta described the federal action as "politicizing and weaponizing the law." He stated that the department is "completely improper" in its approach. The 48-hour deadline was issued less than two weeks before the midterm elections. Federal prosecutors requested that county election officials provide information to the Department of Homeland Security to quickly check the citizenship status of the voters on the list.

The list includes roughly 20,000 ballots tied to suspected noncitizens. Officials in Los Angeles noted that a high percentage of the people named on the list were born in the United States. State election personnel warned that the directive could strip eligible citizens of their right to vote. Governor Gavin Newsom criticized the process on social media, calling it an "Absolute clown show!" He said the department sent counties lists of people who never voted and voters from the wrong county.

The Justice Department framed the request as a measure to secure the election. It said it was asking county officials to cooperate so the government could ensure the most secure election in California history. The effort is part of a wider Republican push to crack down on alleged voter fraud, particularly among undocumented immigrants. Congressman Pete Aguilar, who represents south-west San Bernardino county, wrote that voter intimidation has no place in the democracy.

Bonta questioned the evidence behind the federal list. At a recent press conference, he said officials were given only names without an explanation of why those people were supposedly ineligible. He added that if the federal government has information, the state would be happy to review it, but none has been provided. The department recently charged 28 foreign nationals with fraudulently registering to vote. Bill Essayli, first assistant US attorney, said the arrests proved that California is mailing ballots to noncitizens and that they are refusing to comply with federal law.

Some state officials took no action on letters sent Friday, citing the rapidly approaching election. This inaction set off a legal fight with the Justice Department. An appeals court is scheduled to hear the matter on Tuesday.

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