President Trump's Justice Department warned California election officials on Friday that they could face federal prosecution if they knowingly count ballots from people federal agencies have flagged as noncitizens. "If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime," Acting Deputy Attorney General Trent McCotter wrote.
The letter, dated Oct. 16, went to the Los Angeles County Counsel's office and was copied to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan, the Associated Press reported. "Noncitizen voting in a federal election is a federal crime—and knowingly facilitating such conduct is equally unlawful," McCotter wrote.
McCotter rejected the county's claim that it is "legally prohibited" from setting those ballots aside. He said the department delivered a dataset on Oct. 13 identifying more than 20,000 people "who federal agencies reasonably believe are likely noncitizens registered to vote in California," built from immigration records, data matching and other checks. The department, he wrote, has not asked for "a purge, cancellation of registrations, or any programmatic action," only that the ballots be held until citizenship is verified. "Administrative difficulty is not a defense to violating federal law or aiding or abetting a federal offense," he added.
The warning came a day after the Justice Department sued California to stop the counting of those ballots, after state officials missed a 48-hour deadline to review the list.
Weber has said the administration has provided no evidence to support its claim. California mails ballots to every registered voter ahead of the Nov. 3 midterm election.
Photo: Acting Deputy Attorney General Trent McCotter. DHS photo by Andrew Jackson (public domain, via Wikimedia Commons)
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