DOJ seeks Supreme Court order to pause California ballot processing
Federal officials want judges to stop counting votes for 20,000 voters flagged as likely noncitizens just one day before Election Day.
By Marco Graham ·
The Department of Justice asked the U.S. Supreme Court on Monday to intervene in California elections, seeking to halt the processing of ballots for thousands of voters one day before Election Day. This request marks the latest move in a dispute between federal officials and state election administrators.
The Justice Department claims its data identifies 20,000 likely noncitizens on California's voter roll. It argues these individuals should not have their ballots counted until citizenship is verified. However, the actual number of ballots in dispute is likely lower because county officials noted that many people on the federal list did not have active registrations or receive mailed ballots.
A divided Ninth Circuit panel rejected the federal government's emergency request on Friday. Judges Mark Bennett and Gabriel Sanchez wrote that granting the relief would create a material risk of disenfranchisement. They cited the Purcell principle, which discourages changing election rules on the eve of an election, and the National Voter Registration Act, which limits the removal of voters within 90 days of a federal election.
Judge Patrick Bumatay dissented from that decision. The appellate court's ruling came after a federal judge, David Carter, described the department's actions as a broad pattern of attempted election interference. Carter had previously rejected the DOJ's request to order California to set aside specific ballots.
Data scientists at the University of California, Los Angeles, accessed the DOJ list through a court order over the weekend. Their analysis found that 42% of the names on the federal list do not appear on California's current voter roll. The team also identified naturalized citizens among the flagged voters.
The federal appeal coincides with increased pressure on California election officials. In recent weeks, the Justice Department sent subpoenas to local officials and reminded them of potential criminal prosecution for allowing ineligible voters. A federal judge in San Francisco issued a temporary restraining order late Friday. This order bars the administration from threatening or coercing officials to stop processing registered voters' ballots.
