San Diego County told the U.S. Department of Justice it will not set aside ballots from 1,709 county voters the federal government alleges are non-citizens.
The refusal, delivered in a six-page letter Oct. 27, lands less than a week before Carlsbad voters choose a mayor, two City Council members, a city treasurer and a city clerk on Nov. 3.
San Diego County Counsel Damon Brown wrote to U.S. Attorney Adam Gordon that the DOJ's request amounts to "a thinly veiled voter purge and request for confidential voter information without a proper purpose," according to inewsource, which first reported the county's response.
Gordon had sent Registrar of Voters Shawn Brom a letter Oct. 23 with a list of 1,709 voters the DOJ claimed are "likely" non-citizens, Fox 5 San Diego reported. The letter demanded the registrar hold those ballots and turn over personal voter data, including Social Security numbers, state IDs and driver's license information. It gave a 48-hour deadline that passed Oct. 25.
Brown said the county is "legally prohibited" from complying. The county also threatened to "pursue all legal remedies against DOJ for its unlawful intimidation of election officials and California voters."
A spokesperson for Gordon's office declined to comment Oct. 28, according to NBC San Diego.
County spot check raises doubts about DOJ list
The county's letter said a spot check of a random 10% of the names on the federal list "reveals significant reasons to doubt the reliability of that list," according to inewsource. Of roughly 170 voters sampled, 59% had canceled voter registrations and 74% had no record of voting in San Diego County.
The DOJ's letter claimed the 1,709 San Diego County voters were part of a statewide list of about 20,000 California voters suspected of being non-citizens. Every California county received a similar letter, NBC San Diego reported.
Federal judge blocks DOJ statewide
A federal judge in Los Angeles rejected the DOJ's broader bid to set aside all 20,000 ballots statewide. U.S. District Judge David O. Carter wrote in a 26-page order Oct. 28 that the request "would wreak havoc and disrupt the election that is already underway," according to USA Today.
Carter ruled the DOJ's demands violated the National Voter Registration Act, which prohibits changes to voter rolls within 90 days of an election, the Associated Press reported.
The DOJ appealed the same day. In a filing, the Trump administration called Carter's doubt about the reliability of its data "an abuse of discretion," according to Democracy Docket.
Carter appointed special master Daniel B. Garrie to evaluate the DOJ's claims, the Associated Press reported. An evidentiary hearing is set for Nov. 13.
What Carlsbad voters need to know
Carlsbad voters will choose among four candidates for mayor, contested races in City Council Districts 1 and 3, and a city treasurer race on Nov. 3, according to Patch. All scheduled vote centers open Oct. 31. Voting hours on Election Day are 7 a.m. to 8 p.m.
Mail-in ballots must be postmarked by Nov. 3 and sincerely received by Nov. 10.







