Boasberg orders federal halt to California ballot dispute
The judge ruled the executive branch violated constitutional election rules just one day before the midterms.
By Allison Rojas ·
Chief Judge James Boasberg ordered the Trump administration to stop demanding that California officials set aside 20,000 mail ballots on Monday.
The ruling comes one day before the midterm elections. The Department of Justice previously demanded that state workers separate ballots from individuals on a list of potential noncitizens. Boasberg, based in Washington, found that the administration's demands violated the U.S. Constitution. He wrote that the Executive Branch likely infringed on the Elections Clause, which reserves authority over election rules for states and Congress.
The Justice Department had asked the U.S. Supreme Court for a limited injunction on the same day. The request sought to direct California to hold the disputed ballots while the legal case proceeds. Solicitor General D. John Sauer argued in the filing that California could not recover the ballots once they were mixed with lawful votes. The federal government stated that the ballots should not be counted until voter status is verified. California officials countered that the list is unreliable and likely includes many U.S. citizens.
California Attorney General Rob Bonta described the appeal as a desperate attempt to undermine the elections. He said the move tramples the rule of law. Bonta noted that voting has been underway since early October. The state mails ballots to all roughly 23 million registered voters. Officials stated that finding and setting aside the challenged ballots now would be logistically impossible given that hundreds of thousands are already processed.
Lower courts in California previously sided with the state. U.S. District Judge David O. Carter warned that segregating the ballots would wreak havoc on the midterms. He wrote that if the executive branch could discount votes based on unproven allegations, the democracy is in danger. A three-judge appellate panel upheld Carter's order in a 2-1 decision. Two judges appointed by Trump and one by Biden voted in favor of the state. A third judge appointed by Trump dissented, arguing that California's refusal to separate the ballots encourages the violation of federal law.
The Supreme Court will now consider the emergency appeal. The administration has won several emergency appeals in its second term. However, the justices previously rejected a presidential push to restrict mail ballots ahead of these midterms. The court has not yet issued a decision on the current request.
