Judge questions federal demand to hold 20,000 California ballots

Federal courts are currently weighing a dispute over 20,000 mailed ballots in California that the Trump administration claims may have gone to noncitizens. The case has drawn scrutiny ahead of the midterm election, with officials on both sides arguing over the speed and legality of the federal government's intervention.

U.S. District Judge David O. Carter, appointed by President Bill Clinton, voiced skepticism during a hearing on Tuesday. Carter worried that setting aside the ballots could remove valid votes from the count. He stated, "Some of these may be very valid voters, and that’s my concern about disenfranchisement."

Carter indicated he would likely appoint a special master to review the evidence presented by both sides. That process could delay his final ruling until after the election. He explained that he did not want to issue a rushed decision based on documents the federal government submitted the night before the hearing.

The judge also suggested that federal authorities stop telling state and county election employees that they face criminal charges if they do not comply with the administration's demands. Carter told the courtroom, "This court believes it would be wise that any threats to state or county (election) employees cease immediately."

The Trump administration sued California earlier this month after election officials refused to meet a 48-hour deadline to set aside the flagged ballots. Bill Essayli, the first assistant U.S. attorney in Los Angeles, defended the government's position. He acknowledged the list might include citizens but argued that the risk of illegal voting was a serious threat. Essayli asked, "I would ask the state how many illegal votes is OK for them?"

Los Angeles County officials challenged the federal methodology in a court filing. A sample of 200 names from the list showed many were likely citizens who had not voted previously. Essayli responded that federal investigators re-reviewed those names and found only four were citizens. He told the judge, "We stand by the reliability of the information."

Carter pointed out that federal prosecutors had recently charged 28 California green card holders with allegedly voting in violation of noncitizen voting laws. He argued that if the problem was that large, prosecutors could simply indict those individuals without holding ballots. He told Essayli, "If it’s this big, you’ve got a remedy for goodness sakes. Go out and indict."

The hearing took place one day after a three-judge panel of the 9th U.S. Circuit Court of Appeals rejected an emergency appeal from the Trump administration. The appellate judges found the government's claim of urgency was partly self-constructed because prosecutors had raised the issue since July. Judge Mark Bennett, a Trump appointee, wrote that he had serious doubts about the executive branch's authority to intervene in state election administration.

Anne Bellows, a deputy attorney general with the California Department of Justice, described the stakes of the case. She said, "I just want to make sure the stakes are clear: that what we’re talking about is stripping voting rights from thousands of people until proven otherwise."