LA judge skeptical of DOJ bid to block count of 20,000 California ballots; ruling due Wednesday

Left · 1U.S. District Judge David O. Carter in Los Angeles appeared skeptical on Tuesday of a Trump administration request to immediately block California officials from counting about 20,000 ballots from voters whose citizenship the administration questions. 1 Left · 2After a 3½-hour hearing, Carter said he needed more time and would not rule until Wednesday, except to say it would be wise for any threats to state and county elected employees to cease immediately, which the LA Times called a clear reference to federal threats of criminal penalties against election officials who count the flagged ballots. 1 2 Left · 1Carter questioned how the administration compiled its list ("What are these systems? What are the algorithms? How was this derived?"), said the demand would be a "monumental change" to California elections, and told First Assistant U.S. Attorney Bill Essayli that for illegal voters "you’ve got a remedy... Go out and indict." 1

Left · 2Raw Story, citing Politico's Kyle Cheney, reported an exchange in which Essayli said prosecutors were "very busy" and Carter replied "Get busier"; per Cheney, the judge also appointed a special master, which he described as effectively a win for California. The LA Times said Carter wanted to develop the record, including by bringing in an expert for the court. 2 1 Left · 1Essayli argued the request was "very narrow": to separate ballots of suspected noncitizens until the state can prove their citizenship, not to stop them being counted. He defended the reliability of the flagging process while conceding "everything is 100%" could not be promised, and said afterward the administration would likely appeal if it lost. 1 Left · 1Essayli denied threatening state officials, though the Justice Department sent letters last week warning county elections officials of criminal penalties; state officials called the letters legally baseless intimidation. 1

Left · 1Lawyers for Secretary of State Shirley Weber and the state said the demand "distorts several legal doctrines beyond recognition" and relies on "data and methods known to be unreliable"; Deputy Attorney General Anne Bellows called it a "recipe for disenfranchisement." Attorneys for Los Angeles County's Dean Logan called the remedy "vague and unworkable," and civil rights groups questioned third-party data such as Lexis Nexis. 1 Left · 1The Justice Department sued California, Weber and Logan on Oct. 15, after Acting Deputy Attorney General Trent McCotter gave them 48 hours to set aside ballots of 20,000 voters he called "likely noncitizens." 1 Left · 2On Monday, a 9th Circuit panel ruled 2-1 that it lacked jurisdiction because Carter had not yet ruled; the Justice Department had gone to the appeals court after he did not meet its deadline of noon Oct. 22. The two judges in the majority wrote that they would also have rejected the case on the merits, while Judge Patrick Bumatay dissented. 1 2

Left · 1The LA Times notes that elections experts say noncitizen voting occurs but is exceedingly rare, and that Carter earlier rejected a DOJ suit for California's unredacted voter rolls as "unprecedented and illegal." 1