Federal Courts Reject Bid to Separate Disputed California Ballots
Federal courts issued several rulings Friday affecting the Justice Department’s efforts to challenge ballots and investigate alleged noncitizen voting ahead of California’s midterm election.
In a 2–1 decision, the 9th U.S. Circuit Court of Appeals rejected the department’s request to set aside ballots sent to people it says may not be U.S. citizens. The department has identified about 20,000 names, but California officials say the list is unreliable and likely includes eligible voters.
The appeals court upheld a district judge’s finding that officials could not identify and separate specific ballots without risking serious disruption to the election system. Millions of Californians have already voted, and election officials say processed ballots cannot be matched to individual voters.
Judge Patrick Bumatay dissented, arguing that California’s refusal to separate the ballots undermines federal efforts to prevent illegal voting. The Justice Department has said it intends to seek Supreme Court review.
Later Friday, U.S. District Judge Trina Thompson barred the department from threatening or coercing election workers to stop processing ballots. Her emergency order also prohibits federal officials from demanding that local officials separate or decline to count ballots the government considers potentially ineligible. Labor unions had sought the order after a federal prosecutor warned election officials about possible legal consequences for knowingly processing a noncitizen’s ballot.
In a third ruling, a federal judge ordered the administration to share its disputed list with two outside groups seeking to assess its accuracy and potential effects on eligible voters. The government appealed that order.
A separate appeals court panel kept federal investigations into alleged noncitizen voting on hold in nine states until after Election Day. The judges cited concerns that the investigations could deter citizens from election-related activities.
The Justice Department maintains that federal law prohibits noncitizens from voting and that enforcing it protects eligible voters.