A federal appeals court has scheduled a rare hearing for Sunday at 1 p.m. PDT to review the Justice Department’s lawsuit against California over alleged noncitizen voters on state voter rolls. The three-judge panel, including two appointees of former President Donald Trump and one of President Joe Biden, will hear arguments on the DOJ’s efforts to segregate mail ballots from suspected noncitizens for verification.
The U.S. Department of Justice sent letters to all 58 California county election officials last week, demanding they assist in identifying potential noncitizens on voter rolls within 48 hours. The letters, obtained by ABC News, instructed officials to help determine citizenship status for individuals flagged on federal government lists. The DOJ stated in an email to The Epoch Times that cooperation would ensure “the most secure election in California history.”
California officials have opposed the request, arguing the lists are unverified and include lawful voters. Gov. Gavin Newsom criticized the DOJ’s actions in a post on X, citing examples where the lists included individuals who had never voted or were from incorrect counties. The state has also noted recent DOJ charges against roughly 28 individuals from the list for alleged voting and immigration-related crimes.
The Ninth Circuit Court of Appeals is also scheduled to hear arguments on Oct. 25 regarding the DOJ’s appeal to require officials to set aside mail ballots from suspected noncitizens. The court will additionally consider Los Angeles County’s request to dismiss the federal government’s appeal. A district judge had not immediately ruled on the DOJ’s initial request, prompting the surprise appeal.
The DOJ has been engaged in a long-running dispute with California over election integrity, with federal officials asserting the state has a “fraud problem.” California maintains the allegations lack substantiation and has framed the DOJ’s actions as politically motivated. The appeals court’s decision to fast-track the hearing underscores the urgency and high stakes of the legal battle over voter roll verification in the state.