Federal appeals court rejects Trump administration bid to set aside ballots from 20,000 California voters News
Lauren Ban // JURIST
Federal appeals court rejects Trump administration bid to set aside ballots from 20,000 California voters

The US Court of Appeals for the Ninth Circuit on Friday denied the Trump administration’s emergency request to require California election officials to set aside mail ballots from more than 20,000 registered voters whose citizenship federal officials questioned.

The 2-1 ruling denied an injunction pending appeal. The majority concluded that the Department of Justice (DOJ) had not demonstrated that the law and facts clearly supported its requested relief. It also warned that the proposed changes could disenfranchise eligible voters and disrupt election administration.

The majority rejected the DOJ’s argument that the federal prohibition on noncitizen voting displaced California’s procedures for handling citizenship challenges. Judge Patrick Bumatay dissented.

The dispute began over the summer, when US Citizenship and Immigration Services and Homeland Security Investigations compiled a list of registered California voters they believed were noncitizens by cross-referencing voter records with federal and third-party data. In July, federal officials asked California to help verify the citizenship of the individuals identified. California questioned the findings and requested details about the methodology.

On October 13, the DOJ delivered a list of more than 20,000 alleged noncitizens to Los Angeles County election officials. It demanded a review within 48 hours and instructed officials to segregate ballots from anyone whose citizenship could not be confirmed. California officials rejected the demands, citing concerns about the list’s reliability and the legality of the requested action.

The DOJ sued California and state and county election officials on October 15. It alleged that sending and counting ballots from individuals identified as likely noncitizens conflicted with federal law and therefore violated the Constitution’s Supremacy Clause. The DOJ sought to prevent officials from counting those voters’ mail ballots until their citizenship could be verified.

On October 21, the DOJ formally filed an application for a temporary restraining order, requesting a decision by Election Day, November 3. After the district court scheduled an October 27 hearing, the DOJ requested a ruling by noon the following day. When the court did not meet that deadline, the DOJ appealed, characterizing the delay as a “constructive denial.”

After a hearing Sunday, the Ninth Circuit dismissed that appeal on Monday for lack of jurisdiction, finding that DOJ had not given the district court adequate time to consider its application.

US District Judge David Carter subsequently denied the temporary restraining order on Wednesday. He found that the requested relief threatened state authority over election administration and risked depriving eligible citizens of their votes. The DOJ appealed again and sought the emergency injunction denied Friday.