Trump Administration Seeks Supreme Court Order to Halt Counting of 20,000 California Mail-In Ballots
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The Justice Department asked the Supreme Court to block the counting of more than 20,000 California mail-in ballots pending verification of voters' citizenship, a request California says could disenfranchise eligible voters.
The Justice Department filed an emergency petition with the Supreme Court on Monday, asking the court to require California to set aside mail-in ballots from over 20,000 voters listed by the Department of Homeland Security until their citizenship status can be confirmed. The request comes a day before the United States midterm elections and follows a federal judge’s earlier rejection of a similar request, citing concerns about the reliability of the list.
California officials argue that the list is unreliable and that separating the identified ballots would be practically impossible, potentially disenfranchising thousands of eligible voters. The state noted that voting has been underway since early October, with ballots mailed to roughly 23 million registered voters and hundreds of thousands already processed.
"If the executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger," wrote Judge David Carter in his earlier ruling.
The administration turned to the Supreme Court after a federal appeals court also denied the request on Friday. Justice Elena Kagan has been assigned to the case, but no deadline has been set for California to respond. The dispute arises amid Republican efforts to retain control of Congress in the upcoming elections. Studies and state audits have consistently shown that instances of ineligible voting, including by noncitizens, are rare.