DOJ seeks Supreme Court help in CA vote fight

The Department of Justice has requested emergency intervention from the U.S. Supreme Court over a dispute with California regarding 20,000 voter registrations. The federal government filed a notice on Monday seeking injunctive relief from the high court. This action comes one day before Election Day. The DOJ asserts that these 20,000 individuals are likely noncitizens and that their ballots should not be counted until citizenship is verified.

The request follows a split decision by the 9th Circuit Court of Appeals. On Friday, a two-judge panel rejected the DOJ’s emergency bid to stop the processing of these ballots. Judges Mark Bennett and Gabriel Sanchez wrote that granting relief posed a material risk of disenfranchisement. They cited the Purcell principle, which advises against altering election rules on the eve of a vote. The panel also noted that the Constitution grants states authority over election administration. Judge Patrick Bumatay dissented from that ruling.

A federal judge in San Francisco, David Carter, previously called the department’s actions a broad, ongoing pattern of attempted election interference. Carter and the 9th Circuit panel sided with California and Los Angeles County. Those officials argued that the federal list is unreliable. They also contended that creating a new system to segregate ballots while voting is underway is infeasible. The National Voter Registration Act further bars states from systematically removing ineligible voters within 90 days of a federal election.

Data suggests the number of ballots actually in dispute is lower than the federal estimate. County election officials found that many people on the DOJ list did not have active registrations or receive mailed ballots. Additionally, data scientists at the University of California Los Angeles Voting Rights Project analyzed the list after a court order in a separate lawsuit. Their review found that 42 percent of the names do not appear on California’s current voter roll. The analysis also identified naturalized citizens on the DOJ’s list.

The Justice Department has escalated its conflict with California election officials in recent weeks. The department sent subpoenas to local officials and reminded them of potential criminal prosecution for allowing ineligible voters. A federal judge issued a temporary restraining order late Friday. That order bars the administration from threatening or coercing election officials to stop processing ballots from registered voters. The federal government has appealed that order.

The Supreme Court has not yet decided whether to take up the case. If the court agrees to intervene, it may weigh in before Tuesday’s Election Day. The outcome will determine whether California proceeds with its current ballot processing methods or halts the count for the specific group identified by the DOJ.