Politics
Appeals court leaves California ballots untouched as DOJ voter challenge moves to lower court
The 9th Circuit rejected the Trump administration’s emergency request to make California set aside ballots over claims that some voters may not be citizens, saying it lacked jurisdiction before a district court ruling. The dispute now heads to a lower-court hearing as county election offices review federal demands and millions of ballots are being processed.
The 9th U.S. Circuit Court of Appeals on Monday rejected the Trump administration’s emergency effort to require California to set aside mail-in ballots over allegations that some were cast by noncitizens. The court said it lacked jurisdiction because a federal district court has not yet ruled on the underlying case.
A district court hearing is scheduled for Tuesday afternoon. The appellate decision does not resolve the allegations; it leaves the dispute for the lower court to consider.
The Justice Department has said it identified about 20,000 potential noncitizens on California’s voter rolls and wants election officials to hold ballots until citizenship can be checked. Federal prosecutors have also sent requests to several counties, including Santa Clara County, where a letter sought information about 902 registered voters the department characterized as likely noncitizens.
Santa Clara County Executive James Williams told the U.S. attorney the county would not comply, arguing there was no legal basis to sequester voters or withhold their ballots without a subpoena or warrant. County officials who began reviewing the names found errors, Williams said, including three duplicates on the first page of the list.
San Francisco, Contra Costa and San Mateo counties also received letters from federal prosecutors. They are consulting with the California Secretary of State’s office about how to respond. The Justice Department did not immediately respond to a request for comment.
California Attorney General Rob Bonta welcomed the appeals court’s order, saying it supports voters’ rights and the state’s authority to administer elections. He also said evidence from counts, recounts, hand counts and audits shows voter fraud is exceedingly rare. Gov. Gavin Newsom called the ruling a welcome pause in the administration’s effort.
The timing has heightened the stakes for election offices. Nearly 3 million Californians had already cast ballots, according to political contributor Guy Marzorati, while counties were processing votes ahead of the midterm election, which was just over a week away. The district court’s hearing is the next step in determining whether the federal government can require further action by the state or its counties.