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DOJ warns Calif. election officials they could face prosecution over suspected noncitizen ballots

The Trump administration is intensifying its clash with California over election procedures, warning state and local officials they could face criminal investigations and prosecution if they knowingly count ballots cast by suspected noncitizens in federal elections.

In a letter sent on Friday, acting Deputy Attorney General Trent McCotter cautioned California election officials that processing ballots from individuals identified by federal agencies as potentially ineligible voters could expose them to criminal liability.

The letter, first obtained by The Associated Press, came one day after the Justice Department sued California in an effort to block the state from counting mail ballots submitted by individuals the federal government has identified as “likely” noncitizens until their immigration status can be verified.

“The legal consequences for either facilitating or ignoring a federal crime are significant,” McCotter wrote, emphasizing that noncitizen voting in federal elections is illegal and that knowingly assisting such conduct can also constitute a crime.

McCotter further warned that election officials who knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens could risk being prosecuted as aiders and abettors.

The warning marks another escalation in the administration’s dispute with California, a Democratic-led state that has repeatedly clashed with President Donald Trump’s administration over federal policies.