Federal judge weighs special master for California voter roll dispute
Judge David Carter suggests an independent evaluator to review a 20,000-name list from the Justice Department before the December 11 certification deadline.
By Lauren Bello ·
U.S. District Judge David O. Carter said on Tuesday he is considering appointing a special master to examine claims that 20,000 noncitizens are registered to vote in California. The federal judge proposed this independent review to determine if counties can separate ballots from ineligible voters before the state certifies election results on December 11. Carter noted that deciding the case without this extra step would be too rushed given the current timeline.
The Justice Department filed the lawsuit in mid-October, alleging that California officials missed a 48-hour deadline to review a list of potential noncitizens. The administration seeks to prevent the counting of ballots from these individuals. The dispute arises as voting continues for the midterm election that concludes next Tuesday. The 20,000 names on the federal list represent a small portion of the state's 23 million registered voters.
Carter expressed skepticism about the government's choice to sue rather than pursue criminal prosecutions. He pointed to the recent arrest of 28 people in California accused of illegal registration. "You got a remedy for goodness sakes," Carter said from the bench. "Go out and indict." He warned that siding with the federal government now could force substantial changes to election procedures while voting is still underway.
First Assistant U.S. Attorney Bill Essayli argued that the government wants to stop illegal voting immediately rather than chase it later. He stated that the case relies on the credibility of the flagged names. "We have not asked to void any ballots," Essayli said. He described the government's goal as working with state officials to safeguard the election process.
California lawyers countered that the federal government has not explained how it obtained the voter file. They questioned the reliance on a private service to determine Social Security numbers. M. Patrick Moore, a lawyer for the Los Angeles County registrar, noted that the county found a small sample of people on the list were actually citizens. A federal agent who checked the names manually with 800 employees disputed the county's findings in an affidavit but conceded that some citizens may be mistakenly included.
The judge also addressed warnings that local clerks could face criminal prosecution if they ignore federal demands. Carter stated it would be wise for threats against state and county election employees to cease immediately. He left the courtroom after making that remark. An official order on the special master is expected on Wednesday.
The special master would evaluate both sides' claims regarding the list's accuracy and logistical feasibility. California officials argue that mail ballots are separated from identification envelopes upon return, making separation impossible for the more than 3 million ballots already returned. The federal government contends the state has an obligation to investigate the flagged voters before counting their ballots.
