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California’s ballot-verification dispute

Last updated · Developing story

The big picture

The federal government is trying to stop California from counting mail ballots associated with people it believes may not be U.S. citizens until their eligibility is checked. Its October 15 lawsuit names the state, Secretary of State Shirley Weber and Los Angeles County's election chief. The complaint asks for affected ballots to be set aside while citizenship is verified. It is the government's legal argument, not a court finding that everyone listed is ineligible.

California questions the federal data. The disagreement is about both eligibility evidence and the handling of ballots. A list of suspected cases, criminal charges against particular people and a judicial decision are different things; none should be presented as interchangeable proof.

Where things stand

As of October 24, counties are responding to federal letters giving them 48 hours to help identify suspected noncitizens and separate their ballots. Some officials say counting will continue. California disputes errors in the federal list. Appeals-court arguments are scheduled for October 25; the dispute remains unresolved.

Key facts

  • The federal complaint identifies more than 20,000 people as likely noncitizens. That characterization remains an allegation.
  • The requested remedy concerns separating and checking specified ballots before counting them, rather than stopping every California ballot.
  • California says some entries identify the wrong county.

How we got here

  1. The United States files its complaint seeking statewide restrictions on counting specified mail ballots pending citizenship checks.

  2. Federal letters give counties 48 hours to assist with citizenship checks and segregation of questioned mail ballots.

  3. County officials challenge the lists.

What happens next

  • : A Ninth Circuit panel is scheduled to hear arguments about the federal demands.

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