DOJ Seeks Supreme Court Help to Pause California Ballots for 20,000 Voters
The Justice Department argues 20,000 noncitizens are registered in California, but courts say the list is unreliable and the timing risks disenfranchising voters.
By Dominic Foster ·
The Department of Justice asked the U.S. Supreme Court on Monday to intervene in a dispute with California over voter eligibility, a move that places the federal government and the state on a direct collision course two days before Election Day. The appeal seeks to pause the counting of ballots for individuals the department believes are noncitizens.
DOJ officials identified 20,000 people on California's voter roll whom they classify as likely noncitizens. The department contends these individuals should not have their ballots counted until their citizenship is verified. This request follows a series of legal losses in lower federal courts, where judges have largely sided with California and Los Angeles County election officials.
A divided Ninth Circuit panel rejected the Justice Department's emergency request on Friday. Judges Mark Bennett and Gabriel Sanchez wrote that there is a material risk that granting relief would result in disenfranchisement and jeopardize the county's entire election. They cited the Purcell principle, which discourages changing election rules on the eve of an election, and the National Voter Registration Act, which restricts the removal of ineligible voters within 90 days of a federal election.
Judge Patrick Bumatay dissented from the panel's decision. The majority opinion noted that the Constitution grants states primary authority to run elections. A separate federal judge in San Francisco issued a temporary restraining order late Friday to stop the administration from threatening election officials. The government has already appealed that order.
Local officials argue the federal list is flawed. Data scientists from the UCLA Voting Rights Project, who were granted access to the list through a separate court order, found that 42% of the names do not appear on California's current voter roll. The analysis also identified naturalized citizens on the list. County election officials noted that many people on the DOJ list did not have active registrations or receive mailed ballots, suggesting the number of actual disputed votes is lower than 20,000.
The legal fight is part of a wider escalation between the federal government and California election administrators. In recent weeks, the DOJ sent subpoenas to local officials and reminded them that they face potential criminal prosecution for allowing ineligible voters to cast ballots. A federal judge described this sequence of actions as a broad, ongoing pattern of attempted election interference by federal officials.
It is not yet clear if the Supreme Court will accept the case or issue a ruling before Tuesday. The high court's decision will determine whether the ballots of the 20,000 identified individuals are processed under state rules or held for federal verification.
