California officials who process ballots from suspected noncitizens risk prosecution, US warns

WASHINGTON (AP) — The Trump administration is escalating its fight with California ahead of next month’s midterm election, warning that local officials who process and tabulate ballots submitted by suspected noncitizen voters are putting themselves at risk of criminal investigation and potential prosecution.

The letter Friday from senior Justice Department officials and obtained first by The Associated Press is the latest salvo in an ongoing tussle with heavily Democratic California, coming just a day after the Trump administration sued the state to prevent it from counting mail-in ballots from people the federal government has identified as “likely” noncitizens until their immigration status can be confirmed.

“The legal consequences for either facilitating or ignoring a federal crime are significant. Noncitizen voting in a federal election is a federal crime — and knowingly facilitating such conduct is equally unlawful,” warns the letter from Trent McCotter, the acting deputy attorney general at the Justice Department.

It adds: “If persons knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens, they risk becoming aiders and abettors to a federal crime.”

The letter is addressed to the Los Angeles County Counsel’s office and also is copied to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan, effectively putting the entire state on notice.

The Justice Department lawsuit was filed after California officials were given, and did not meet, a 48-hour deadline to review a password-protected thumb drive that contained a list of 20,000 names. The federal government says those are likely noncitizens who were sent ballots to participate in the Nov. 3 election, although the secretary of state said the administration has provided no evidence to support that claim. The state mails ballots to all registered voters.

Rick Hasen, a UCLA law professor, said the letter “ups the ante by threatening election officials with potential criminal prosecution.”

“It is deplorable that rather than work cooperatively and assist states in their election administration responsibilities, the federal government is making escalating threats and unreasonable demands beyond its power in the middle of an ongoing election,” he said.

Over 23 million people are registered statewide, and a handful of competitive congressional races in other California districts could determine which party controls the U.S. House for the final two years of President Donald Trump’s term.