Justice Department Petitions Supreme Court Over California Ballot Dispute
The federal government seeks emergency relief to pause the counting of 20,000 ballots, a move state officials say risks disenfranchising voters on Election Day.
By Rafael Bailey ·
The Department of Justice filed a petition on Monday asking the U.S. Supreme Court to intervene in a dispute with California over the state's voter rolls.
The request comes one day before Election Day. The department identifies 20,000 individuals as likely noncitizens and argues their ballots should not be counted until citizenship is verified. A divided panel of the 9th Circuit Court of Appeals rejected this emergency request on Friday. Judges Mark Bennett and Gabriel Sanchez warned that granting the relief could jeopardize the entire election in Los Angeles County.
The lower courts sided with California and Los Angeles County, deeming the federal list unreliable. The 9th Circuit panel cited the Purcell principle, which discourages changing election rules on the eve of a vote. They also noted that the Constitution grants states authority to run elections and that the National Voter Registration Act bars the systematic removal of voters within 90 days of a federal election. Judge Patrick Bumatay dissented from the panel's decision.
UCLA Voting Rights Project data scientists analyzed the DOJ list after a court order in a separate lawsuit granted them access. Their review found that 42% of the names on the federal list do not appear on California's current voter roll. The analysis also identified naturalized citizens among the flagged individuals. County election officials noted that many on the list did not have active registrations and were not mailed ballots, suggesting the number of disputed ballots is smaller than the department's initial figure.
The petition follows a series of escalatory actions by the Justice Department against California election officials. The department has issued subpoenas and reminded officials of potential criminal prosecution for allowing ineligible votes. A federal judge in San Francisco issued a temporary restraining order late Friday, barring the Trump administration from threatening or coercing state officials. The government has appealed that order.
A federal judge in the 9th Circuit recently described the department's actions as a broad, ongoing pattern of attempted election interference. The Supreme Court has not yet indicated whether it will accept the case or rule before Tuesday's election.
