The Justice Department is launching an immediate appeal after a federal judge rejected its emergency request to halt the processing of more than 20,000 ballots in California that are linked to suspected noncitizen voters. First Assistant U.S. Attorney Bill Essayli announced Wednesday evening that the department had filed a notice of appeal and would seek emergency relief from the 9th U.S. Circuit Court of Appeals.
US District Judge David O. Carter denied the Justice Department's request to sequester the ballots, ruling that "eroded trust in our democracy is irreparable." He stated, "Once a vote is segregated, lasting harm has occurred. This Court declines to be a party to such process."
The ruling marks a setback for the department, which has accused California officials of failing to adequately investigate and remove suspected noncitizens from voter rolls. Essayli stated on social media, "Every day, more ballots are processed by election officials. This ongoing emergency disenfranchises American citizens through dilution."
This is not the first time the 9th Circuit has considered the matter. On Monday, a three-judge panel had rejected the Justice Department's earlier emergency appeal in a 2-1 decision. Judges Mark Bennett and Gabriel Sanchez ruled against the administration, while Judge Patrick Bumatay dissented, warning that the disputed ballots could become impossible to identify once processed.
Bumatay argued that "once those ballots are processed, it would be impossible to identify them, and they must be counted in the election." He added that the situation "encourages and induces illegal voting."
The Justice Department's lawsuit focuses on nearly 20,000 names flagged as suspicious, with accusations that state officials failed to review them within the required 48-hour deadline. The department has argued that if the ballots are mixed into the general vote count, officials may be unable to separate them, leaving the government without an effective remedy even if its allegations are proven.
The legal battle unfolds amid a broader federal initiative targeting alleged voter fraud in California. Recently, prosecutors indicted 28 individuals accused of fraudulently registering to vote, with many allegedly casting illegal ballots. One such individual, Alexander Muñoz, a Belizean national, is accused of falsely claiming U.S. citizenship when registering and subsequently voting in multiple elections.