Appeals Court Rejects Justice Department Bid to Set Aside California Ballots
The United States’s claimed emergency, at least in part, is a self-constructed one,
a federal appeals court wrote in an unsigned opinion. A federal appeals court rejected a request from the Justice Department to force California election officials to set aside disputed ballots received during the midterm election. The ruling marks the latest legal defeat for the administration’s attempts to intervene in state-run voting administration.
The 9th U.S. Circuit Court of Appeals issued a 2-1 decision dismissing the administration’s efforts, ruling that the federal government failed to provide the district court with adequate time to consider temporary relief. Judges Mark J. Bennett and Gabriel P. Sanchez authored concurring opinions, while Judge Patrick J. Bumatay dissented. The panel faulted federal lawyers for waiting until less than three weeks before the midterm elections to file the lawsuit and seeking emergency orders while California was actively processing ballots.
Disputed Voter List and Legal Arguments
The conflict centers on a list of approximately 20,000 registered voters that the Trump administration flagged as potential noncitizens who received mail-in ballots. Trent McCotter sent letters in July and October demanding that California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder and County Clerk Dean Logan review the names and withhold those ballots.
Appeals court rejects Trump DOJ demand to set aside 20,000 California mail ballots https://t.co/YrJdlszWqU
Los Angeles County officials responded on Oct. 15, telling McCotter that the list lacked methodological details and asked the county to engage in an unlawful course of conduct. State officials argued that the data was highly unreliable and that attempting to segregate specific ballots after processing had begun would disrupt the entire election system.
The majority opinion noted that even if the court reached the merits of the case, Bennett would have rejected the administration’s demand. Conversely, Bumatay argued in his dissent that California’s refusal to separate the disputed ballots undermined federal interests in election integrity and the prevention of vote dilution.
Grand Jury Subpoenas Target Local Election Officials
Alongside the civil litigation, federal prosecutors have escalated pressure on local election administration. The Justice Department issued subpoenas to at least three Los Angeles County election officials, requiring them to appear before a grand jury on Wednesday, the day after the election.
The subpoenas demand records concerning the letters sent by federal officials and steps taken to prevent noncitizen votes from being counted. It is unclear whether the Justice Department intends to bring criminal charges against anyone.
Third-Party Access and Separate Legal Challenges
On Friday, a federal judge ordered the administration to share the disputed list of 20,000 names with the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. This order marks the first time a nongovernment organization will evaluate the data.
In a separate decision on Friday, another 9th Circuit panel ruled that federal investigations into alleged noncitizen voting in nine states must remain on hold until after Election Day. The judges concluded that aggressive public probes intimidated citizens and deterred them from participating in lawful election activities.
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