9th Circuit Rejects Trump Administration's Attempt to Block California Mail Ballots

A three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals on Monday denied the Justice Department’s request to stop California from counting mail ballots cast by more than 20,000 voters the federal government says are likely non-citizens. The 2-1 decision said the department had not given a lower-court judge sufficient opportunity to consider the case, making it premature for the appeals court to intervene. The lower-court judge has scheduled a hearing for Tuesday.

Circuit Judge Gabriel Sanchez, writing for the majority, argued that the federal government was seeking to dictate a matter that traditionally falls within a state’s domain, potentially creating confusion for voters and election officials. The lawsuit, filed on October 15, was the administration’s first effort to prevent a state from counting votes and did not specify how many of the listed individuals had actually submitted mail ballots.

Justice Department officials said the list includes 28 people who have been criminally charged with illegally voting. California officials responded that the state’s safeguards against non-citizen voting are strong and described the department’s data as “suspect.”

"At best, this litigation is a reckless political stunt," lawyers for California Secretary of State Shirley Weber said in a filing.

"Today’s ruling is a positive development and a welcome speed bump to Trump’s disgusting attacks on the Constitution and our country’s democracy," California Attorney General Rob Bonta said.

Voting-rights groups warned that the administration’s approach to scrutinizing voter rolls could mistakenly flag naturalized citizens for removal. The Justice Department has warned election officials nationwide that they could face criminal prosecution for knowingly allowing non-citizens to vote and has sued 30 states and the District of Columbia over voter-roll data, losing the majority of those cases.