DOJ Seeks Supreme Court Order on 20,000 California Ballots
Federal officials want the high court to halt processing for voters flagged as likely noncitizens one day before the election.
By Maya Morris ·
The Department of Justice has identified 20,000 likely noncitizens on California’s voter roll. The agency filed a notice Monday seeking injunctive relief from the U.S. Supreme Court. This move comes one day before Election Day. The DOJ wants the state to set aside these ballots until citizenship is verified.
Federal District Judge David Carter previously rejected the department's request. A divided Ninth Circuit panel also denied the emergency request on Friday. The DOJ is now appealing directly to the high court. It remains unclear if the Supreme Court will intervene before Tuesday.
The Ninth Circuit judges cited the Purcell principle. This legal precedent advises against changing election rules on the eve of an election. The panel noted that states hold constitutional authority over election administration. They also pointed to the National Voter Registration Act. That law bars systematic removal of ineligible voters within 90 days of a federal election.
Ninth Circuit Judges Mark Bennett and Gabriel Sanchez wrote that granting relief poses a material risk. They stated this could result in disenfranchisement and jeopardize the county's entire election. Judge Patrick Bumatay dissented from the decision. All three judges were appointed by different presidents.
Court records indicate the actual number of disputed ballots is likely smaller than 20,000. County election officials found that many names on the DOJ list lacked active registrations. Those individuals were not mailed ballots. A court-ordered analysis by UCLA's Voting Rights Project found 42% of the names do not appear on California's current roll. The analysis also identified naturalized citizens on the list.
The DOJ has escalated its conflict with California election officials in recent weeks. The department sent subpoenas to officials and reminded them of potential criminal prosecution. A federal judge in San Francisco issued a temporary restraining order late Friday. That order bars the Trump administration from threatening or coercing officials to stop processing specific ballots. The federal government has appealed that order.
A federal judge described the department's actions as a broad, ongoing pattern of attempted election interference. The Supreme Court appeal represents the latest step in this dispute. The high court has not yet ruled on whether it will take up the case.
Source: WFAE
