Appeals Court Set to Decide Fate of 48-Hour Ballot Audit Demand

An appeals court will hear arguments on Tuesday regarding a federal order requiring California election officials to verify the citizenship status of approximately 20,000 voters within 48 hours. The deadline was set by federal prosecutors less than two weeks before the midterm elections, a timeframe state officials argue is too short to complete the work without errors.

California Attorney General Rob Bonta challenged the demand on Saturday, accusing the Justice Department of acting at the direction of President Donald Trump. He described the move as an effort to politicize the law. "It is once again the United States Department of Justice politicizing and weaponizing the law to attack its enemies, and it is completely improper," Bonta told MS Now.

Federal prosecutors stated they needed the information to quickly verify citizenship status through the Department of Homeland Security. They framed the request as a measure to secure the vote, claiming it would help ensure the most secure election in California history. The department has increased prosecutions of individuals accused of voting without US citizenship as the midterms approach.

State election personnel warned that the rushed timeline could lead to eligible citizens losing their right to vote. Officials in Los Angeles noted that a high percentage of the individuals on the list were born in the United States. Governor Gavin Newsom criticized the process on social media, stating that the department sent counties lists of people who never voted and voters from the wrong county. He called the situation an absolute clown show.

Bonta questioned the evidence provided by federal authorities. He noted that state officials received only names without explanations for why those people were supposedly ineligible. "If they have such information, we would be happy to review it, but they've provided none," he said at a recent press conference. Congressman Pete Aguilar, representing south-west San Bernardino County, agreed that voter intimidation had no place in the democracy.

The Justice Department recently charged 28 foreign nationals with fraudulently registering to vote. Bill Essayli, the first assistant US attorney, said the arrests proved that California was mailing ballots to noncitizens. The defendants are lawful permanent residents who hold legal status in the US but are not citizens eligible to vote.

Some state officials took no action on the letters sent on Friday, citing the rapidly approaching election. This inaction triggered a legal fight with the Justice Department. The appeals court will now determine whether the 48-hour deadline stands or is halted.