Justice Department Appeals to Supreme Court Over California Ballot Dispute
DOJ seeks emergency relief to hold 20,000 ballots pending citizenship checks, despite lower court rejections and Election Day looming.
By Natalie Castro ·
The U.S. Department of Justice filed a notice on Monday seeking injunctive relief from the U.S. Supreme Court. The move requests immediate intervention in the department's ongoing dispute with California over the state's voter rolls. This filing arrives one day before Election Day.
The Justice Department has identified 20,000 likely noncitizens on California's voter roll. It argues these ballots should not be counted until citizenship is verified. However, county election officials state the actual number of disputed ballots is likely much smaller. Many names on the federal list correspond to inactive registrations or individuals who did not receive mailed ballots.
Federal Judge David Carter, a Clinton appointee, previously described the department's actions as a broad, ongoing pattern of attempted election interference. A divided 9th Circuit Court of Appeals panel rejected the DOJ's emergency request on Friday. Judges Mark Bennett and Gabriel Sanchez wrote that granting relief posed a material risk of disenfranchisement. They noted it could jeopardize Los Angeles County's entire election.
The majority opinion cited the Purcell principle, which discourages changing election rules on the eve of an election. It also referenced the National Voter Registration Act. This law bars states from systematically removing ineligible voters within 90 days of a federal election. Judge Patrick Bumatay dissented from the panel's decision.
Data scientists from the University of California Los Angeles Voting Rights Project gained access to the DOJ's list through a court order in a separate lawsuit over the weekend. Their analysis found that 42% of the names do not appear on California's current voter roll. The study also identified naturalized citizens on the list.
The appeal follows a series of aggressive moves by the federal government in recent weeks. The DOJ has sent subpoenas to California election officials and reminded them of potential criminal prosecution for allowing ineligible voters to cast ballots. A federal judge in San Francisco issued a temporary restraining order late Friday. This order bars the Trump administration from threatening or coercing election officials to stop processing specific ballots. The federal government has appealed that order as well.
Source: WCBE
