Judge Weighs Independent Review of 20,000 Names in California Voter Roll Dispute

The Justice Department claims 20,000 noncitizens are currently on California's voter rolls. U.S. District Judge David O. Carter is considering appointing a special master to verify that number. The judge wants an independent evaluation before the state certifies its election results on December 11.

Carter stated that deciding the case without an independent review would be too rushed. He needs a neutral party to assess the substance of both sides' claims. The special master would determine if counties can separate ballots from ineligible voters in time for the deadline.

The federal government sued California election officials in mid-October. The lawsuit argues that state officials missed a 48-hour deadline to review the list of 20,000 people. The Justice Department asserts these individuals are likely noncitizens. The state counters that it has not received enough information to verify the list's accuracy.

The 20,000 names represent a small fraction of California's 23 million registered voters. Carter expressed concern that siding with the federal government now could cause major changes to election procedures while voting is still ongoing. He noted that voting in California has been underway for weeks for the midterm election.

The judge questioned why the administration chose litigation over criminal prosecution. Carter pointed out that federal authorities recently arrested 28 people in California for illegal registration. He suggested the government could simply indict suspected noncitizens instead of suing the state. "You got a remedy for goodness sakes, go out and indict," Carter said from the bench.

First Assistant U.S. Attorney Bill Essayli argued that the goal is to safeguard the election rather than prosecute thousands of people. He stated that the government has not asked to void any ballots. Instead, it seeks to work with state officials to separate potential noncitizen votes. He told the judge that the case relies on the credibility of the flagged names.

California and Los Angeles County lawyers challenged the method used to compile the list. They noted that the government has not specified how or when it obtained the voter file. They questioned the reliance on a private third-party service for Social Security number checks. More than 3 million mail ballots have already been returned in California.

State officials argued that separating returned ballots is logistically impossible because identification is kept separate from the ballot. Los Angeles County lawyer M. Patrick Moore said the county would cooperate if the government pursued criminal charges. He noted that voting records would be available to federal courts if needed.

A federal agent who conducted the investigation submitted an affidavit stating that 800 employees manually checked each name. The agent disputed the county's findings that some people on the list were citizens. However, the filing conceded that some names on the list could be mistaken. Carter will issue an official order on Wednesday regarding the appointment of the special master.