跟进：司法部向加州57县发函限48小时隔离疑似非公民选票：称明知计票或担刑责，多县选举官员反弹

加州——美国司法部（DOJ）10月23日（周五）扩大对加州正在进行的选举的介入，向全州各县选举办公室发出新一轮要求函，限各县在48小时内隔离司法部认定为疑似非公民者投出的邮寄选票，并与司法部及国土安全部（DHS）合作，逐一核定随函名单上的人员是公民还是非公民。据美联社报道，至少18个县收到函件；据《洛杉矶时报》报道，洛杉矶联邦检察官办公室发言人称，加州58个县中已有57个县收到函件，唯一的例外是此前已收到同类通知的洛杉矶（Los Angeles）县。

函件同时警告，选举官员若明知选票由非公民投出仍予以计票，可能面临刑事责任。据 CNN 报道，第一助理联邦检察官 Bill Essayli 在致圣贝纳迪诺县官员的函中写道，任何人若明知选票由联邦机构认定为非公民的人投出仍予以计票，就有成为联邦犯罪帮助犯的风险。Essayli 在声明中称，任何选举官员明知处理的是非公民的选票，都会使自己陷入法律风险；他周五晚间在社交平台发文称，加州不核实公民身份，联邦方面已经替各县完成了这项工作，取得了登记选民名单并告知各县其认定的非公民是谁，明知处理非公民选票属联邦犯罪，当局将追究选举官员的责任，没有人可以凌驾于法律之上。

各县收到的名单规模不一。据《洛杉矶时报》报道，加州北区联邦检察官 Craig Missakian 在致 Contra Costa 县书记兼选民登记官 Kristin Connelly 的函中称，随函提供的是全州约2万名选民总名单中的一个子集，共407名「可能为外国人」者，要求 Connelly 在48小时内承诺与司法部及国土安全部官员合作，查明这407人中谁是公民、谁不是。函件要求各县交出与每名疑似非公民登记相关的非公开信息，包括社会安全号码、州身份证或驾驶执照的副本或其上信息、选民登记申请表副本，以及登记时出示的文件副本或清单。Missakian 在函中写道，此函旨在毫不含糊地讲明，在公民身份得到核实之前，继续向名单上的人寄送邮寄选票或对其选票计票的法律后果。

部分函件由联邦人员当面送达。Santa Cruz 县书记 Tricia Webber 兼任加州书记与选举官员协会主席，她表示，两名持司法部证件的人员周五来到她的办公室，递交一个马尼拉信封，函件要求她在48小时内查明本县81人的公民身份。她说，据她了解，大多数县、甚至所有县的做法都和她一样，先与县法律顾问坐下来逐项研究；这不是该县惯常的工作程序。

多名县级选举官员对函件作出回应。Connelly 表示，她截至周五晚间尚未回复，正在与县法律顾问及全州同行联系；她称，无党派的 Contra Costa 县选举部门依照州与联邦选举法以及美国宪法和加州宪法管理选举，工作全程可受观察，这一威胁没有帮助、意在恐吓。据 Democracy Docket 报道，San Diego 县选民登记官办公室在声明中称，该县已收到要求、正在评估下一步，并指出依州选举法，选民登记资格由州务卿负责判定；声明称，San Diego 县及加州全州均无大规模选民欺诈的证据，选民可以放心、无惧地投票。洛杉矶县书记兼登记官 Dean C. Logan 则致信协会同行，谴责新函件歪曲事实、在选举日前12天以恐吓姿态威胁选举官员，称48小时的回复期限不可执行，并指出司法部正在要求各县提供个人层级数据，而这类数据此前只能通过传票取得。

加州联邦参议员 Alex Padilla 周五发表声明称，这「不是演习」，特朗普与司法部长 Todd Blanche 正试图干预加州选举；他称司法部没有为其大规模选民欺诈的说法提供任何证据，并承认其所依据的数据不准确、不可靠，司法部无权干预，并对地方选举官员表示「我们是你们的后盾」。联邦众议员 Mark DeSaulnier 的办公室发表声明，认同 Connelly 对安全、自由、公平选举的承诺，并对司法部以武器化方式干预11月3日选举表示深切担忧。据《洛杉矶时报》报道，司法部未回应其问询，加州总检察长 Rob Bonta 办公室拒绝置评。

此轮函件是这场联邦与加州选举争端一周内的最新升级。本站此前报道，司法部10月13日由代理副总检察长 Trent McCotter 致函州务卿 Shirley N. Weber 与洛杉矶县登记官 Dean C. Logan，同样给出48小时期限并附上存有名单的密码保护移动存储设备；10月15日，司法部起诉加州，要求阻止对逾2万张与疑似非公民相关的邮寄选票计票；10月22日，司法部又请求联邦第九巡回上诉法院在地区法官裁决前介入，该案听证定于下周举行。

本站此前报道：跟进：司法部就加州选票隔离案上诉第九巡回：称地区法官未按期裁决构成「推定驳回」

来源：GSM·美国

Follow-Up: DOJ Sends 48-Hour Ballot-Segregation Letters to 57 California Counties, Warning Officials of Criminal Liability as Counties Push Back

California — The U.S. Department of Justice (DOJ) on Friday, October 23, expanded its intervention in California's ongoing election, sending a new round of demand letters to county election offices across the state. The letters give counties 48 hours to set aside mail-in ballots cast by voters the department believes are suspected noncitizens, and to work with the Justice Department and the Department of Homeland Security (DHS) to identify who on the accompanying lists is a citizen and who is not. The Associated Press reported that at least 18 counties received letters. According to the Los Angeles Times, a spokesman for the U.S. Attorney's Office in Los Angeles said 57 of California's 58 counties had been served, the sole exception being Los Angeles County, which had already received a similar notice.

The letters warn that election officials who knowingly count ballots cast by noncitizens could face criminal liability. According to CNN, First Assistant U.S. Attorney Bill Essayli wrote in a letter to San Bernardino County officials that persons who knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens risk becoming aiders and abettors to a federal crime. Essayli said in a statement that any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy. Posting on social media on Friday evening, he wrote that California does not verify citizenship status, that federal officials had done the work for the counties by obtaining the registered voter list and telling them who the government believes are noncitizens on their rolls, that knowingly processing noncitizen ballots is a federal crime, and that authorities will hold election officials accountable.

The lists vary in size by county. According to the Los Angeles Times, U.S. Attorney Craig Missakian of the Northern District of California wrote to Contra Costa County Clerk-Recorder and Registrar of Voters Kristin Connelly that he was providing a subset of 407 "likely aliens" drawn from the broader statewide list of about 20,000 voters, and demanded that she commit within 48 hours to working with Justice Department and Homeland Security officials to identify which of the 407 are citizens and which are not. The letter sought the nonpublic information associated with each suspected noncitizen's registration, including a Social Security number, a copy of a state ID or driver's license or the information on it, a copy of the voter registration application, and copies or lists of documents presented at registration. Missakian wrote that the letter was meant to make unmistakably clear the legal implications of continuing to send vote-by-mail ballots to people on the list or tabulating ballots cast by them until citizenship can be verified.

Some letters were delivered in person. Santa Cruz County Clerk Tricia Webber, president of the California Association of Clerks and Election Officials, said two people with Justice Department credentials came to her office on Friday and handed her a manila envelope containing a letter demanding that she determine the citizenship of 81 people in her county within 48 hours. She said most counties, if not all, were doing what she was doing — sitting down with county counsel and going over everything — and that this was not normal protocol.

County election officials pushed back. Connelly said she had not yet responded as of late Friday and was in contact with her county counsel and colleagues around the state. She said the nonpartisan Contra Costa County Elections Division administers elections according to all state and federal election laws and the U.S. and California constitutions, that its work is observable, and that the threat was not helpful and was intended to intimidate. According to Democracy Docket, the San Diego County Registrar's office said in a statement that the county had received the request and was evaluating next steps, noting that under state elections code the Secretary of State is responsible for determining voter registration eligibility. The statement said there is no evidence of widespread voter fraud in San Diego County or in California, and that voters can cast their ballots with confidence and without fear. Los Angeles County Registrar-Recorder Dean C. Logan emailed fellow association members condemning the new letters as misrepresenting facts and threatening election officials twelve days before the election through a posture of intimidation, called the 48-hour deadline unenforceable, and noted that the department was demanding individual-level data it had previously obtained only through subpoenas.

U.S. Senator Alex Padilla of California said in a statement on Friday that "this is not a drill" and that President Trump and Attorney General Todd Blanche were trying to interfere in California elections. He said the Justice Department had provided no evidence for its claims of massive voter fraud and had admitted the data it points to is inaccurate and unreliable, that the department does not have the authority to interfere, and he told local election officials, "We have your back." The office of U.S. Representative Mark DeSaulnier issued a statement echoing Connelly's commitment to secure, free and fair elections and expressing deep concern over the escalating weaponization of the Justice Department to interfere with the November 3 election. According to the Los Angeles Times, the Justice Department did not respond to its inquiry, and the office of California Attorney General Rob Bonta declined to comment.

The letters are the latest escalation within a week in the federal-state election dispute. As GSM previously reported, Acting Deputy Attorney General Trent McCotter wrote on October 13 to Secretary of State Shirley N. Weber and Los Angeles County Registrar Dean C. Logan with a similar 48-hour demand and a password-protected thumb drive containing names. On October 15 the Justice Department sued California, seeking to block the counting of more than 20,000 mail-in ballots linked to suspected noncitizens. On October 22 the department asked the 9th U.S. Circuit Court of Appeals to intervene before the district judge ruled, and a hearing in the case is scheduled for next week.

Previously from GSM: Follow-Up: DOJ Appeals California Ballot-Segregation Case to the 9th Circuit

Source: GSM · America

来源：GSM·美国（原文链接）

图片来源：图：加州 Mendocino 县的官方选举选票投递箱（资料图）。图片：Sarah Stierch，CC BY 4.0，取自 Wikimedia Commons。

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