Ninth Circuit Questions Trump DOJ's Bid to Set Aside California Ballots

A federal appeals court expressed skepticism on Sunday regarding the Trump administration's emergency effort to compel California to set aside approximately 20,000 mail-in ballots that the Justice Department suspects were sent to noncitizens. The U.S. Court of Appeals for the Ninth Circuit heard arguments from attorneys representing the federal government and California, with judges questioning both the legal basis for the request and the court's jurisdiction to intervene at this stage.

The Justice Department sought an immediate ruling, asserting that hundreds of thousands of California ballots could be processed daily while the dispute remains unresolved. The government's emergency request came after a federal district court did not rule by a deadline set by the department. California, in response, has argued that the Ninth Circuit should not intervene before the lower court makes a decision.

During the hearing, Circuit Judge Mark Bennett, a Trump appointee, questioned whether the administration's requested injunction aligned with the Constitution's Elections Clause, which grants state legislatures authority over federal election administration. "It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause," Bennett stated to the Justice Department attorney.

Circuit Judge Gabriel Sanchez, a Biden appointee, raised questions about the Ninth Circuit's jurisdiction, noting that the district court had yet to rule and a hearing was scheduled for the following day. Circuit Judge Patrick Bumatay, also a Trump appointee, focused more on the government's concerns about potential noncitizen voting and California's management of voter rolls.

The Justice Department initially filed its suit on October 15, shortly after California began mailing ballots for the midterm elections. The department accused California of a history of "mishandling voter rolls." California officials have disputed the federal government's data, emphasizing their safeguards against noncitizen voting. Los Angeles County officials reported that a preliminary review of the federal list identified discrepancies, including individuals born in the U.S. or not registered to vote. The state argued in a filing that the federal government's position would "turn the Constitution on its head."

California has already mailed ballots to over 3 million voters, with more than 500,000 cast in Los Angeles County. The Justice Department stressed the urgency of its request, warning that each day without a ruling risks the processing of additional ballots before the citizenship dispute can be resolved. The three-judge panel indicated it would aim to issue a ruling as swiftly as possible.