Judge considers independent review of California voter list

Federal Judge David O. Carter is considering appointing an independent special master to examine the Justice Department's list of 20,000 names. The goal is to determine if those individuals are noncitizens and to assess whether California counties can physically separate their ballots before the state certifies election results on Dec. 11.

The dispute centers on a lawsuit filed in mid-October. The administration argues that California missed a 48-hour deadline to review the list of alleged noncitizens. The state contends that it is logistically impossible to pull specific ballots from the millions already cast. More than 3 million mail ballots have been returned so far in the midterm election, which concludes next Tuesday.

Carter noted that deciding the case without an outside expert would be too rushed. He suggested the special master could finish the review before the certification deadline. The 20,000 names on the federal list represent a small portion of California's 23 million registered voters. It remains unclear how any findings would affect the final tally.

During the Tuesday hearing, Carter expressed skepticism about the government's choice to sue rather than use criminal tools. He referenced the recent arrest of 28 people in California for allegedly illegal registration. "You got a remedy for goodness sakes, go out and indict," Carter said from the bench. First Assistant U.S. Attorney Bill Essayli countered that the government wants to stop illegal voting immediately rather than chase it after the fact.

The judge also addressed the threat of criminal prosecution for local election workers who do not comply with federal demands. "This court believes it would be wise that any threats to state and county election employees cease immediately," Carter stated before leaving the courtroom. He plans to issue an official order on Wednesday.

California lawyers argued that the federal government has not explained how it obtained the voter file. They questioned the reliability of a private third-party service used to verify Social Security numbers. M. Patrick Moore, a lawyer for the Los Angeles County registrar, said the county would cooperate with any criminal investigation. He noted that a small sample of people on the list were actually citizens.

A federal agent who conducted the investigation disputed the county's findings. The agent's affidavit stated that the list was accurate, though it conceded that some citizens might have been included by mistake. The investigation required roughly 800 federal employees to manually check each name on the roster.