Court Rejects DOJ Bid to Block California Ballots Suspected of Noncitizen Votes
The 9th Circuit Court of Appeals denied an emergency request from the Justice Department, leaving more than 20,000 ballots in play ahead of Election Day.
A federal appeals court has rejected the Justice Department's latest attempt to halt the processing of over 20,000 ballots in California that were flagged over concerns of noncitizen voters. The 9th Circuit Court of Appeals denied the DOJ's emergency request on Friday, allowing the disputed mail-in ballots to be included in the count.
This ruling marks another setback for the Trump administration's efforts to challenge California's voter rolls shortly before Election Day. The appellate court stated that without specific congressional authorization to override California's established procedures for challenging ballots or removing ineligible voters, the state's existing laws remain the sole method for such actions.
Earlier in the week, a Los Angeles federal judge, U.S. District Judge David O. Carter, also denied the administration's initial request for a restraining order. Carter criticized the DOJ's lawsuit as an "attempted election interference" and noted that election officials have until December 3, the certification deadline, to address the issue, deeming an emergency injunction unnecessary.
The Justice Department, however, disagreed, with First Assistant U.S. Attorney Bill Essayli stating that "every minute that goes by, American citizen votes are being diluted in the state of California." The department had appealed to the appellate court, emphasizing the urgency of the matter.
California officials, including Governor Gavin Newsom, praised the appellate court's decision. Newsom stated, "Trump and his administration just lost for the third time this week in their desperate and dangerous attempts to meddle in the California election process with voting already underway and just days before Election Day." He added, "These attacks on our democracy are serious, and the full force of our state is defending our democracy right now."
The DOJ had originally filed a lawsuit on October 15, seeking to set aside 20,000 ballots from alleged noncitizens after the state declined to voluntarily sequester them. California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan had argued that they lacked the legal authority and mechanisms to freeze mail ballots before citizenship could be verified.
In parallel actions, federal prosecutors issued subpoenas on Thursday to California state and local election officials as part of an investigation into alleged illegal voting. The DOJ issued a statement clarifying that receiving a subpoena does not indicate one is a target of criminal prosecution. These actions are seen as an extension of the administration's broader effort to highlight concerns about non-citizens registered to vote in California.
Separately, three individuals in Southern California were indicted by a federal grand jury on election fraud charges. Authorities described this as part of the state's largest voter fraud bust, involving 28 suspects.
