The Justice Department is seeking an emergency order from the Ninth Circuit to stop California from counting mail-in ballots linked to more than 20,000 people federal investigators have flagged as likely noncitizens, warning that once the ballots are separated from their envelopes, the damage cannot be undone.
First Assistant U.S. Attorney Bill Essayli and Attorney General Todd Blanche are leading the effort after a district court did not act on their earlier request to review the citizenship of individuals believed to be noncitizens.
The motion names California, Secretary of State Shirley N. Weber, and Los Angeles County Registrar-Recorder/County Clerk Dean C. Logan as defendants and seeks a ruling by Saturday.
California and Weber oppose the request.
Federal officials say U.S. Citizenship and Immigration Services and Homeland Security Investigations reviewed California voter registration data against federal immigration records and identified more than 20,000 registered voters who received mail ballots and are considered highly likely to be noncitizens.
Federal law, of course, bars noncitizens from voting in federal elections.
Essayli told Fox News that the 20,000 figure is the floor and that more names are expected.
