Federal judge blocks Justice Department's request to segregate 20,000 California ballots
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Federal judge blocks Justice Department's request to segregate 20,000 California ballots

Résumé

A California federal judge denied the Justice Department's emergency request to separate roughly 20,000 ballots alleged to belong to non-citizens, citing constitutional concerns and potential election disruption.

A federal judge in Los Angeles rejected the Justice Department's bid for an emergency order that would have required California to segregate about 20,000 ballots the administration said were likely cast by non-citizens. In a 26-page opinion, Judge David Carter warned that granting the request would "wreak havoc" on the ongoing midterm elections and undermine state control over election procedures.

"Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to the will of the Executive Branch," Carter wrote.

The judge emphasized that states have longstanding constitutional authority over elections and that separating the ballots could disenfranchise registered voters and create chaos. He denied the government's request for a temporary restraining order, stating that the public interest favors protecting both voters' rights and election workers.

First Assistant United States Attorney Bill Essayli said the department would appeal the decision, noting that the district court had denied the emergency request and that the Solicitor General had authorized an immediate appeal to the Ninth Circuit.

State election officials had argued that altering ballot handling while voting was already in progress would throw the November election into disorder. The ruling comes as federal prosecutors recently charged 28 individuals in California with election-related offenses.

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