DOJ Seeks Supreme Court Order To Hold California Ballots
The Justice Department wants the high court to pause counting for 20,000 voters it deems likely noncitizens, a move lower courts have blocked.
By Yuna Patel ·
The Department of Justice filed a notice on Monday asking the U.S. Supreme Court to intervene in its dispute with California over voter rolls. The agency seeks an injunction to stop the state from processing ballots for thousands of registered voters. This request comes one day before Election Day.
The Justice Department claims it has identified 20,000 likely noncitizens on the California voter roll. The agency argues these ballots should not be counted until citizenship is verified. However, the actual number of ballots in dispute is likely lower. County election officials found that many names on the federal list did not have active registrations or receive mailed ballots.
UCLA Voting Rights Project data scientists gained access to the DOJ list over the weekend through a separate court order. Their analysis found that 42% of the names do not appear on the current California voter roll. The group also identified naturalized citizens on the list.
Federal Judge David Carter, a Clinton appointee, previously called the federal involvement a broad, ongoing pattern of attempted election interference. A divided Ninth Circuit panel rejected the DOJ's emergency request on Friday. Judges Mark Bennett and Gabriel Sanchez wrote that there is a material risk that granting the relief would result in disenfranchisement. They cited the Purcell principle, which suggests against changing election rules on the eve of a vote.
Judge Patrick Bumatay dissented from the lower court decision. The majority opinion also noted that the Constitution grants states authority to run elections. The National Voter Registration Act bars states from systematically removing ineligible voters within 90 days of a federal election.
The Supreme Court has not yet indicated whether it will hear the case or issue a ruling before Tuesday. The DOJ continues to press its case as it escalates tensions with California officials. In recent weeks, the department sent subpoenas to state 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. The order bars the administration from threatening or coercing election officials to stop processing ballots. The federal government has appealed this order as well.
Source: WBAA
