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Posted on 10/26/2026 9:54:21 AM PDT by Red Badger
Los Angeles’ top federal prosecutor just laid it out plain. Noncitizens are already voting in California’s midterms, the state has confirmed it will count those ballots, and that will corrupt the election. Bill Essayli, First Assistant U.S. Attorney for the Central District, said it after an emergency Sunday hearing that ended without a ruling.
The Department of Justice is fighting to sequester roughly 20,000 ballots from people federal investigators have identified as noncitizens. California’s answer, in essence, is that citizenship is irrelevant once the envelopes are open.
Mail ballots started processing on Saturday ahead of the November 3 election. Los Angeles County alone has already run through more than 500,000 of them, according to DOJ attorney Matthew Donnelly. Once processed, those ballots cannot be unprocessed. The damage is done. Essayli told the New York Post that California walked into a federal courtroom and argued the votes should be counted anyway.
“Our concern is that noncitizens are actively voting in this election and California has confirmed they will count their votes. This will corrupt the integrity of the upcoming midterm election.”
He added that the state treated the citizenship question as beside the point. “It dilutes the votes of American voters,” Essayli said. “We are committed to fighting this because even one noncitizen vote is one too many. They seem completely disinterested in the fact they are tabulating votes from noncitizens.”
The three-judge Ninth Circuit panel—Trump appointees Mark Bennett and Patrick Bumatay alongside Biden appointee Gabriel Sanchez—grilled both sides and then adjourned. Bennett questioned whether the court even had the power to intervene under the Elections Clause.
Sanchez pressed the government on how it narrowed a July Department of Homeland Security list of roughly 190,000 potentially problematic registrants down to the current 20,000, and on whether name-and-address matching could reliably identify the right ballots. Bumatay noted the obvious practical problem: without an injunction, once the ballots are separated from their envelopes there is no way to know who cast them.
California’s lawyer Sam Siegel told the panel the state relies on self-attestation under federal and state law. If the executive branch wants stronger verification authority, he said, it should ask Congress. The panel said it would decide “as quickly as possible.” If it dismisses the appeal, the case returns Tuesday to U.S. District Judge David O. Carter in Santa Ana.
This fight did not appear out of nowhere. On October 15 the Justice Department sued California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan. It also sent letters to every county demanding help identifying noncitizen voters within 48 hours. Last week, in what officials called the largest voter-fraud bust in California history, federal agents charged 28 lawful permanent residents—green-card holders who are not citizens—with fraudulent registration and voting.
Twenty-one of them are accused of actually casting ballots, some in multiple elections. The Justice Department named the effort Operation Protect the Vote. Essayli has said the 20,000 figure is the floor, not the ceiling, and that investigators have evidence these individuals received mail ballots this cycle. Fox News reported the same confirmation.
Essayli’s comments landed a day after Gavin Newsom’s office called the DOJ effort a “clown show.” The prosecutor fired back on X: “Hey Fraud King. We’re not waiting for them to vote. You’re not allowed to have any noncitizens on your voter rolls. Period. Full stop.”
Carl DeMaio, coauthor of Proposition 39, the voter-ID and citizenship-verification measure on the same November ballot, told the Post the episode shows “dereliction of duty.” Voters have been lied to about how thoroughly citizenship is checked before ballots are counted, he said. Politicians will not do a proper review on their own.
“They’re putting people in legal jeopardy. And as a result, Prop 39 is needed more than ever because we have to force the politicians to do their job at the ballot box.” Gubernatorial candidate Steve Hilton called it typical of California leadership that simply will not enforce the law.
Scripture is clear on this kind of thing. “Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous.”
When officials treat noncitizen ballots as equal to citizen ones, they are wrestling judgment. Every illegal vote cancels a lawful one. California’s position is that self-attestation plus the fact that the election is already underway is good enough.
Federal investigators, after matching DHS data against the rolls, say it is not. The courts will decide whether any of those ballots get set aside before they are tabulated. Until then, the state’s message is unmistakable. Citizenship is optional. The count goes on.
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The Supreme Court should have this on their docket tonight, if this is real.
Take it to the Supreme Court and have them invalidate the entire CA election. No second chance.
In case of widespread cheating, the courts can order re-vote in new elections!
There are precedents to it!
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