DOJ Seeks Supreme Court Ruling on 20,000 California Ballots
The Justice Department argues the state must pause processing votes for likely noncitizens, a move judges called risky on the eve of voting.
By Allison Rojas ·
Millions of Californians will cast ballots on Tuesday under the shadow of a federal legal challenge that could alter how their votes are counted. The Department of Justice filed a notice on Monday asking the U.S. Supreme Court to step in and stop the state from processing ballots for specific voters.
The department claims 20,000 individuals on the state voter roll are likely noncitizens. It argues these ballots should be set aside until citizenship is verified. Lower courts have already rejected this request, siding with California and Los Angeles County. They ruled that the federal list is unreliable and that changing rules this close to Election Day is too disruptive.
Federal Judge David Carter, appointed by Bill Clinton, described the DOJ's actions as a broad pattern of attempted election interference. A divided Ninth Circuit panel agreed to pause the process. Judges Mark Bennett and Gabriel Sanchez wrote that granting the federal government's request creates a material risk of disenfranchisement. They cited the Purcell principle, which discourages changing election rules on the eve of a vote.
Judge Patrick Bumatay dissented from that decision. The Justice Department is now asking the Supreme Court to review the case before Tuesday's election. It is unclear whether the high court will agree to hear the appeal or issue a ruling in time for poll closing.
Local election officials dispute the scale of the issue. They noted that many names on the DOJ list do not have active registrations. Data scientists at the University of California Los Angeles Voting Rights Project analyzed the list over the weekend. They found that 42% of the names do not appear on the current California voter roll. Their analysis also identified naturalized citizens on the federal list.
The legal battle has intensified in recent weeks. The DOJ sent subpoenas to state election officials and warned of potential criminal prosecution for allowing ineligible voters. A federal judge in San Francisco issued a temporary restraining order late Friday. That order bars the administration from threatening or coercing officials to stop processing ballots. The government has appealed that order as well.
