Federal prosecutors are pursuing ballot-related lawsuits, criminal investigations and subpoenas in multiple states, while election officials prepare for legal disputes over voter eligibility and the certification of results ahead of the Nov. 3 midterms.
By yourNEWS Media Newsroom
The Trump administration is intensifying legal challenges to state election procedures ahead of Tuesday’s midterm elections, with the Justice Department seeking to segregate thousands of California ballots, contesting election administration in Alaska and warning Washington state about potential legal action over noncitizen voting.
The disputes have expanded into criminal investigations and federal subpoenas as state election officials prepare for possible courtroom battles surrounding the counting and certification of ballots. The administration maintains that its actions are necessary to enforce federal voting laws and protect election integrity, while state officials argue that last-minute federal intervention could disrupt voting and prevent eligible Americans from having their ballots counted.
According to The Wall Street Journal, federal prosecutors have pursued repeated legal challenges in California and Alaska while seeking additional election records through criminal investigations. The escalating disputes come as both parties compete for control of Congress in the Nov. 3 elections.
In California, the Justice Department has made three attempts to require state officials to set aside as many as 20,000 mail-in ballots associated with registered voters whom federal investigators suspect may not be U.S. citizens. Prosecutors argue that allowing potentially ineligible ballots to enter the counting process could undermine the integrity of election results.
The dispute began after federal investigators analyzed voter-registration information and identified approximately 20,000 individuals they considered likely noncitizens. The Justice Department filed suit Oct. 15, alleging that California officials had declined to review the list with federal authorities and determine whether the individuals were eligible to vote.
California election officials challenged the government’s findings, questioning the accuracy of the identification methods and arguing that the federal government had not established that the individuals were ineligible voters.
U.S. District Judge David O. Carter, a Clinton appointee, rejected the administration’s emergency request Wednesday, Oct. 28, warning that imposing new ballot-handling requirements during an election already underway could disrupt established procedures and jeopardize legitimate votes.
Carter concluded that the proposed intervention conflicted with constitutional principles governing state election administration and federal restrictions on systematic voter-registration changes close to an election. His ruling left California’s existing ballot-processing procedures in place while the legal dispute continued.
First Assistant U.S. Attorney Bill Essayli, the senior federal prosecutor in Los Angeles, defended the government’s position during the proceedings, arguing that even relatively small numbers of unlawful votes can influence election outcomes.
“Some elections are decided by a handful of votes,” Essayli said. “There’s an interest in the American public, your honor, having trust and confidence in their elections.”
The administration maintains that the disputed ballots should be separated until officials verify the voters’ citizenship. California officials counter that the proposed process would be difficult to implement after ballots have entered established processing systems, particularly because secrecy protections prevent completed ballots from being linked to individual voters.
The federal investigation expanded Thursday when prosecutors issued subpoenas to California state and local election personnel seeking records related to possible noncitizen voting. The subpoenas are part of a criminal investigation involving the Department of Homeland Security, although their issuance does not establish that the recipients committed wrongdoing.
The Justice Department is appealing Carter’s decision and continuing to press its claims. The judge has also appointed a special master to examine the government’s evidence and scheduled further proceedings after Election Day.
In Alaska, federal prosecutors have expanded a separate lawsuit challenging the administration of a closely contested U.S. Senate race involving Republican incumbent Dan Sullivan and Democratic challenger Mary Peltola.
The dispute concerns another candidate, Daniel J. Sullivan, whose similar name has prompted allegations that voters could mistakenly support him instead of the incumbent. Federal prosecutors contend that the similarities could affect the election’s outcome and have sought to prevent certification under certain circumstances if the incumbent loses.
The Justice Department amended its lawsuit Thursday to include additional allegations concerning the recruitment of the similarly named candidate. Prosecutors also issued new subpoenas as part of a related criminal investigation examining whether political operatives coordinated efforts to create voter confusion.
The subpoenas reportedly involve individuals associated with Democratic political organizations and campaigns. No criminal charges have been announced in connection with the investigation.
Alaska election authorities have rejected the federal government’s arguments, maintaining that the state has taken appropriate steps to distinguish the candidates on its ballots. The Republican-led state government has asked the court to dismiss the lawsuit, arguing that the requested intervention lacks a legal basis and could interfere with the certification process.
The state’s ranked-choice voting system allows voters to rank candidates in order of preference, adding another element to the dispute over whether similar names could influence the results.
The administration has also turned its attention to Washington state, where federal prosecutors identified more than 400 registered voters they suspect may be noncitizens.
In an Oct. 26 Justice Department announcement, officials said an examination of immigration and election records had identified individuals who appeared to have participated unlawfully in previous elections. Prosecutors requested that Washington withhold ballots associated with those registrations until citizenship eligibility could be confirmed.
The department warned that it could seek emergency judicial intervention if state officials failed to comply.
Washington Secretary of State Steve Hobbs challenged the request, arguing that the federal government’s list included American citizens and could not justify withholding ballots without individualized evidence.
In an Oct. 28 response to federal prosecutors, Hobbs said the state’s preliminary review had identified reliability problems with the list. He maintained that election officials must follow established legal procedures before rejecting ballots submitted by registered voters.
The disputes have intensified preparations among state attorneys general and election administrators who anticipate additional litigation before and after Tuesday’s vote.
Michigan Attorney General Dana Nessel, a Democrat, said her office has prepared legal briefs addressing numerous potential election disputes, allowing state lawyers to respond quickly to lawsuits or federal actions affecting ballot administration.
In Maryland, state election administrator Jared DeMarinis said he conducted a simulation involving the possibility of his own arrest as part of contingency preparations for confrontations over election procedures.
Those preparations reflect growing concern among some state officials that disagreements with federal authorities could extend beyond ordinary litigation to criminal investigations or attempts to compel changes in election administration.
Meanwhile, the Republican National Committee has expanded its election monitoring operation, recruiting what it describes as a record number of poll workers and organizing volunteer attorneys to observe voting procedures and respond to potential violations.
“Confidence drives participation,” RNC election integrity communications director Ally Triolo said.
The Justice Department is also preparing to remind state election officials of federal requirements governing the preservation of election records. Under federal law, officials must generally retain records relating to federal elections for 22 months, allowing authorities to investigate alleged violations and review election procedures when necessary.
President Donald Trump has said he will accept the midterm election results if the voting process is conducted fairly, while his administration continues pursuing legal challenges involving voter eligibility and election administration.
Federal law prohibits noncitizens from voting in elections for federal office, and election officials are responsible for maintaining voter-registration records and verifying eligibility under applicable federal and state requirements. However, allegations that a registered voter may be a noncitizen do not, by themselves, establish unlawful registration or voting.
The lawsuits and investigations are unfolding as millions of Americans participate in early voting ahead of Nov. 3, when control of the House and Senate will be determined.
With federal prosecutors continuing their investigations and state officials defending their election procedures, the disputes could extend beyond Election Day into ballot counting, certification and subsequent legal proceedings.
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