San Diego rejects DOJ demand to pause counting of 1,709 ballots

San Diego County election officials rejected a request from the U.S. Department of Justice to exclude the ballots of 1,709 voters. The county’s Registrar of Voters responded to a letter from the federal government on Tuesday, declining to set aside the votes of individuals alleged to be noncitizens.

U.S. Attorney Adam Gordon sent the initial demand last week. His letter asked that the ballots remain uncounted until citizenship status was verified. The request also sought confidential details, including Social Security numbers and copies of state identification documents. Gordon gave the county 48 hours to comply, a deadline that expired on Sunday.

In its reply, the county described the DOJ's actions as a thinly veiled attempt to purge voters. The letter accused federal officials of seeking private information without a proper legal purpose. The county also warned it could take legal action against the department for intimidating election staff and California voters.

This dispute is part of a wider federal effort targeting approximately 20,000 California voters suspected of being noncitizens. On Friday, the DOJ sent similar letters to every county in the state except Los Angeles, which had already received one. Federal attorneys are also pursuing the case in Los Angeles federal court, where they have asked a judge to set aside the 20,000 ballots in question.

U.S. District Judge David Carter heard arguments from both sides on Tuesday. He told federal prosecutors that it would be wise for threats against state and county employees to stop immediately. Carter indicated he would issue a ruling on the government's request on Wednesday. A spokesperson for Gordon’s office declined to comment on the matter on Wednesday.

A federal appeals court panel also weighed in on the issue on Monday. In a 2-1 decision, the 9th U.S. Circuit Court of Appeals refused to consider an emergency appeal from the administration until Carter rules. The panel sent the case back to the district court, citing serious problems with the request for immediate action.

Judge Mark Bennett, a Trump appointee, questioned the legal basis for an injunction during the hearing. He noted that federal law does not specify how California must sort citizens from noncitizens. Bennett stated that the lawsuit appears to dispute the state's method of verification rather than the principle that noncitizens cannot vote.