9th Circuit Court Rejects DOJ Bid to Disrupt California Mail Ballot Count
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A 9th U.S. Circuit Court of Appeals panel turned back the Justice Department's attempt to stop California from counting mail ballots tied to a list of alleged noncitizens, saying the case was procedurally unready.
A three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals on Monday rejected the Justice Department's request to block California from counting mail ballots cast by more than 20,000 voters the federal government says are likely noncitizens. The 2-1 decision found that the department had not given the lower-court judge enough opportunity to fully consider the case, making it too early for the appeals court to step in. The district judge has scheduled a hearing on the matter for Tuesday.
Circuit Judge Gabriel Sanchez, writing for the majority, said the federal government was trying to force a court to decide a matter that has traditionally belonged to the states, risking unnecessary confusion for voters and election officials alike.
The lawsuit, filed on Oct. 15, marks the administration’s first attempt to stop a state from counting votes. It asked for an order requiring California to separate ballots from people on the administration’s list and to delay counting until citizenship could be confirmed. The Justice Department later filed an emergency motion with the 9th Circuit to speed up the case.
California officials said the state’s safeguards against noncitizen voting are strong and described the department’s data as “suspect.” In a filing, lawyers for Secretary of State Shirley Weber called the litigation “a reckless political stunt” that could disenfranchise voters.
Attorney General Rob Bonta praised the ruling, calling it a “positive development” and a “speed bump” for the administration’s attacks on the Constitution and democratic processes.
The Justice Department has warned election officials nationwide that they could face criminal prosecution for knowingly allowing noncitizens to vote and has sued 30 states and the District of Columbia over voter-roll data, losing the majority of those cases.