Justice Department seeks Supreme Court ruling on 20,000 mail-in ballots
Federal officials challenged a Ninth Circuit decision that permitted the counting of ballots cast by potential non-citizens ahead of the November 3 midterm vote.
By Justin Brooks ·
The Trump administration has asked the U.S. Supreme Court to review a lower court order that allowed the counting of approximately 20,000 mail-in ballots in California. The Justice Department argues these votes may belong to non-U.S. citizens and should be paused until citizenship is verified. The petition was filed one day before the midterm elections begin, a contest that will determine which party controls Congress.
The Ninth Circuit U.S. Court of Appeals previously rejected the federal government's attempt to block the tabulation of these specific ballots. According to CNBC, the Department of Justice sued California to stop the counting process. Federal officials contend the state lacks the authority to count votes from individuals on a citizenship suspicion list without first confirming their status. The administration maintains that the ballots should remain excluded from the final tally until that verification is complete.
California officials dispute the federal position. They state the list provided by the DOJ is unreliable and likely contains many valid U.S. citizens. CNN reports that the appeals court ruled the federal government does not have the power to dictate state election procedures. This legal conflict centers on the scope of federal authority over state-run voting processes during a major election cycle.
U.S. District Judge David Carter originally denied the DOJ's request to set the ballots aside. Carter warned that removing votes based on unproven allegations could disenfranchise citizens and disrupt the election. "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger," Carter wrote, according to AP News. His ruling set the stage for the subsequent appeal to the Ninth Circuit.
The Supreme Court, which holds a 6-3 conservative majority, now faces the decision of whether to intervene. The outcome will determine if the 20,000 disputed ballots are included in the final results for the November 3 vote. A ruling by the Court will directly affect the balance of power in the incoming Congress.
Source: WGVL
