Courts block Justice Department from setting aside California ballots
Federal judges issued three rulings on Friday limiting federal intervention in the state's midterm election, including an order to release a list of 20,000 disputed voters.
By Jonathan Reed ·
A federal appeals court on Friday denied the Justice Department's demand that California set aside thousands of ballots in the midterm election. The 9th Circuit panel ruled 2-1 that the state cannot easily separate the disputed votes from the rest of the total. This decision stands as a major obstacle to the Trump administration's push to control state-run elections.
The administration argues that California mailed ballots to approximately 20,000 people who may not be U.S. citizens. The Justice Department wants those specific ballots held back until citizenship is verified. California officials counter that the federal list is unreliable and likely contains many legal citizens.
A district court judge initially rejected this request on Wednesday. That judge warned that the federal demands risked disenfranchising eligible voters. The 9th Circuit agreed with the lower court's assessment on Friday.
Judge Mark J. Bennett, appointed by President Donald Trump, and Judge Gabriel P. Sanchez, appointed by former President Joe Biden, wrote the majority opinion. They stated that there is no feasible way to identify and segregate the ballots of specific individuals without causing catastrophic effects on the entire election system.
Judge Patrick J. Bumatay, also appointed by Trump, dissented. He argued that California's refusal to separate the ballots encourages the violation of federal law. Bumatay wrote that this stance undermines the federal government's interest in election integrity.
Later on Friday, U.S. District Judge Trina L. Thompson issued a separate emergency order. She barred the Justice Department from intimidating or coercing election workers who are processing ballots. Thompson, nominated by former President Joe Biden, noted that Election Day is approaching and workers have already begun processing votes. The order also prevents the Justice Department from demanding local officials segregate ballots deemed ineligible.
Judge Thompson's ruling came in response to a lawsuit filed by labor unions. The unions sought to stop the federal government from threatening election staff. The order was issued without the Justice Department formally weighing in on the case.
In a third ruling on Friday, another federal judge ordered the administration to share the disputed list of names with two outside groups. The Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project will examine the list to assess its impact on eligible voters. This marks the first time a nongovernment organization will have access to evaluate the merits of the 20,000-name list. The federal government appealed this decision immediately on Friday evening.
The Justice Department spokesperson Kiersten V. Pels stated in an email that every ballot cast by an ineligible voter cancels out the vote of an American citizen. She said the department makes no apology for protecting those votes. Meanwhile, the top federal prosecutor in Los Angeles, Bill Essayli, warned that election officials who knowingly process a noncitizen's ballot are opening themselves to legal jeopardy.
Subpoenas issued to Los Angeles County election officials request documents regarding letters sent by federal officials in July and October. At least three county officials have been asked to appear before a grand jury on the day after the election. The midterm election concludes Tuesday. Federal investigations into illegal voting by noncitizens in nine states remain on hold until after that date.
