California Election Law: Four Representatives Challenge Federal Ballot Hold

Four California representatives on Monday formally opposed a federal demand to suspend the ballots of 1,709 San Diego County voters. The move places the congressional delegation directly against the U.S. Department of Justice in a dispute over voter eligibility and state authority.

Reps. Scott Peters, Juan Vargas, and Sara Jacobs from San Diego, along with Rep. Mike Levin from San Juan Capistrano, sent a letter to Attorney General Todd Blanche. The four Democrats cited the National Voter Registration Act, the Voting Rights Act, and California state law in their objection. They stated that the federal request jeopardizes the constitutional right to vote for Californians.

The conflict stems from a letter signed last month by San Diego U.S. Attorney Adam Gordon. Gordon requested that the County Registrar of Voters leave the 1,709 ballots uncounted until citizenship status was verified. His office set a 48-hour compliance deadline that expired Sunday. The federal letter also demanded personal data, including Social Security numbers and copies of state identification documents.

San Diego County officials responded by calling the request a thinly veiled voter purge. The county threatened legal action against the Department of Justice for what it termed unlawful intimidation of election officials. The DOJ identified the 1,709 individuals as part of a larger group of 20,000 California voters suspected of being non-citizens.

This letter was one of 57 sent to California counties, excluding Los Angeles which had already received a similar demand. Federal attorneys are simultaneously pursuing legal action in Los Angeles federal court to set aside the 20,000 ballots. U.S. District Judge David Carter warned prosecutors last week to cease threats against state and county employees. He indicated he would issue a ruling on the government's request.

A three-judge panel of the 9th U.S. Circuit Court of Appeals sent the case back to Judge Carter last Monday. In a 2-1 decision, the panel declined to consider the administration's emergency appeal. Judge Mark Bennett, a Trump appointee, questioned how the court could issue an injunction inconsistent with California law. He noted that the legislature has already established rules for sorting citizens from non-citizens.

The Department of Justice maintains that Congress and the California Legislature agree non-citizens cannot vote. Federal prosecutors argue the lawsuit addresses the method used to determine citizenship status. A spokesperson for U.S. Attorney Gordon's office declined to comment on the developing dispute on Wednesday.