For those whose citizenship cannot be determined, the federal government requests their ballots be ‘segregated’ and not counted.
The U.S. Department of Justice told Orange County election officials on Friday it wants their help to determine the citizenship status of 1,754 people within 48 hours.
And for those whose citizenship cannot be determined, the federal government asked that election officials “segregate — not cancel — those individuals’ vote-by-mail ballots until their citizenship status can be determined,” First Assistant U.S. Attorney Bill Essayli said in the letter obtained by The Orange County Register.
Federal prosecutors sent letters to county registrars across California on Friday demanding that local officials set aside and verify ballots that the Justice Department said may belong to noncitizens.
The letters are the latest escalation in a legal battle between California and President Donald Trump’s Justice Department, which has recently focused on the state in its efforts to root out noncitizen voting ahead of the midterm elections. Data shows illegal voting by people who aren’t U.S. citizens is incredibly rare, difficult to prove and has not been shown to change the outcome of races.
In Orange County, the letter was hand-delivered to Clerk-Recorder Hugh Nguyen late Friday afternoon, instead of Bob Page, the county’s registrar of voters.
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Page said county counsel would inform the Justice Department that it’s the registrar’s office that maintains voter registration records and administers elections, not the county clerk-recorder.
“County counsel is evaluating the requests in the USDOJ letter,” Page said.
The letter said the federal government had identified 1,754 “likely aliens” registered to vote in Orange County, although county officials had not yet reviewed the accuracy of that list by late Friday evening. It was not immediately clear if any of these people had actually received a ballot or attempted to vote.
There are more than 1.9 million registered voters in Orange County, according to the latest voter registration statistics from the California secretary of state.
Ballots were mailed to all registered voters at the beginning of the month, and voting is well underway, with less than two weeks left until Election Day.
“I write to make unmistakably clear the legal implications of continuing to send vote-by-mail ballots to those people on the list or tabulating ballots cast by them until citizenship can be verified,” Essayli, a former Republican California Assemblymember, said in the letter.
It goes on to say that “anyone who aids, abets, counsels, induces, or procures the commission of a federal offense is equally liable. 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 Department is not asking Orange County to adjudicate immigration status; it is asking it to temporarily set aside ballots from individuals whose eligibility is credibly in question — a standard election-administration practice implemented nationwide,” Essayli said in the letter.








