San Diego Delegation Defends Voter Registrar in DOJ Ballot Dispute

Four members of the San Diego congressional delegation backed the County Registrar of Voters on Monday against a federal demand to set aside 1,709 ballots. The U.S. Department of Justice alleges the voters are non-citizens.

Reps. Scott Peters, Juan Vargas, and Sara Jacobs from San Diego, along with Rep. Mike Levin from San Juan Capistrano, sent a joint letter to U.S. Attorney General Todd Blanche. The letter criticized the DOJ’s request, stating it violates the National Voter Registration Act and the Voting Rights Act. The lawmakers also noted the action jeopardizes Californians’ constitutional right to vote.

The dispute centers on a request made last month by San Diego U.S. Attorney Adam Gordon. Gordon asked that the ballots remain uncounted until citizenship status is verified. He warned of legal consequences if non-citizens voted. The DOJ also demanded personal data, including Social Security numbers and copies of state IDs. Gordon set a 48-hour compliance deadline that expired Sunday.

San Diego County responded by calling the federal move a thinly veiled voter purge. In a letter obtained by inewsource, the county threatened legal action against the DOJ for unlawfully intimidating election officials. The federal government’s letter identified the 1,709 voters as part of a larger group of 20,000 suspected non-citizens across California. The San Diego letter was one of 57 sent to the state’s counties, excluding Los Angeles, which had already received a similar notice.

The legal battle extends to federal court. U.S. District Judge David Carter heard arguments last week and warned prosecutors that threats to state employees should cease immediately. Carter indicated he will issue a ruling on the government’s request. A 9th U.S. Circuit Court of Appeals panel sent the case back to Carter last Monday in a 2-1 decision. The panel declined to consider an emergency appeal until Carter rules, citing serious problems with the administration’s request for immediate action.

Judge Mark Bennett, a Trump appointee on the appeals panel, questioned the legal basis for the injunction. He noted that both Congress and the California Legislature have established rules for voting eligibility. Bennett stated that federal law does not tell California how to sort citizens from non-citizens, adding that an injunction would be inconsistent with state law.