Justice Department seeks emergency order to separate California ballots

The Justice Department is asking a federal judge to order California to separate ballots linked to people it alleges are not U.S. citizens, according to ABC7 Los Angeles. California has asked the judge to dismiss the case.

The case adds to a dispute over federal access to California's voter rolls ahead of the midterm elections. Federal officials say ballots are already being processed, while the state challenges the evidence and procedures behind the government's list.

According to ABC7 Los Angeles, the Justice Department gave California a list of people it believes are noncitizens. After the state refused to separate their ballots, federal officials sought a temporary restraining order requiring that step pending court review.

First Assistant U.S. Attorney Bill Essayli said the department wants the disputed ballots kept separate while the court reviews the matter, not the votes canceled. He said immediate action was necessary because California had sent out ballots and election offices were processing them.

California Attorney General Rob Bonta said voter fraud is illegal and should be prosecuted, but questioned the evidence and process used to produce the federal list. He said he was confident the state's request to dismiss the case would succeed.

The dispute follows the arrests of 24 people accused of illegally registering or voting in earlier elections under Operation Protect the Vote, ABC7 Los Angeles reported. The report did not identify any convictions.

U.S. District Judge David O. Carter is handling the case. In a separate ruling in January, he dismissed a Justice Department suit seeking California's voter list, finding that the federal demands infringed on states' authority to run elections.

Carter scheduled a hearing for next week, but the Justice Department is seeking action before then. Essayli said the department would pursue further court action if the case is dismissed.