9th Circuit Blocks DOJ Effort to Stop California From Counting Suspect Mail Ballots
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A 9th U.S. Circuit Court of Appeals panel rejected the Justice Department's push to halt California's counting of mail ballots linked to alleged noncitizens, citing procedure instead of addressing the underlying election-integrity concerns.
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 held that the department had not given the lower-court judge enough opportunity to consider the case, making it premature for the appeals court to intervene. 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 asking a court to decide a matter that traditionally falls within a state’s domain, potentially creating confusion for voters and election officials.
The lawsuit, filed on Oct. 15, represents the administration’s first attempt to prevent a state from counting votes. It sought an order requiring California to separate ballots from individuals on the administration’s list and to withhold counting until citizenship could be verified. The Justice Department later filed an emergency motion with the 9th Circuit to accelerate the case.
California officials responded that the state’s safeguards against noncitizen voting are robust 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 welcomed the ruling, calling it a “positive development” and a “speed bump” to the administration’s challenges to 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.