The U.S. Department of Justice on Monday, November 2, filed an emergency appeal with the Supreme Court requesting an order to segregate 20,000 mail ballots in California that the federal government alleges may belong to noncitizens. The request came one day before the midterm elections, following prior rejections by a federal district court and a divided appeals court.
The Solicitor General D. John Sauer argued in the filing that segregating the ballots is necessary to preserve their integrity while the government pursues its appeal. Sauer stated that once the ballots are commingled with lawful votes, they cannot be retrieved or separated later. The Justice Department’s lawsuit, filed on October 15, sought to prevent California from counting the ballots until the voters’ citizenship status could be verified.
California officials dispute the federal government’s list, asserting that it contains inaccuracies and could disenfranchise eligible voters. The state has maintained that its election safeguards are robust and that the federal intervention would disrupt the electoral process. More than 6.4 million ballots had already been cast in California as of Sunday, according to the Secretary of State Shirley Weber’s office.
Legal Background and Lower Court Rulings
The dispute originated from the Justice Department’s comparison of California’s voter rolls with federal immigration and other records, identifying 20,000 individuals who the government claims appear to be registered voters but may not be U.S. citizens. The federal government provided the list to California officials on October 13, prompting the lawsuit.
A federal district judge in Los Angeles, David O. Carter, denied the DOJ’s request for a temporary restraining order on October 28, warning that the action would “wreak havoc” on the election and erode public trust. The 9th U.S. Circuit Court of Appeals also rejected the DOJ’s emergency appeal on October 30, with Judge Patrick Bumatay dissenting. The appeals court cited the Purcell principle, which cautions against altering election rules close to an election, and noted that the Constitution grants states authority over election procedures.
California’s Position
California officials have repeatedly contested the accuracy of the federal list, arguing that the methodology used to identify potential noncitizens is flawed. Dean Logan, the Los Angeles County Clerk, and Secretary of State Weber have emphasized that the state’s election systems include safeguards to prevent noncitizen voting. The National Voter Registration Act also prohibits states from systematically removing ineligible voters within 90 days of a federal election, further complicating the federal government’s legal position.
Federal Government’s Rationale
The Justice Department contends that its actions are necessary to enforce federal law, including the Supremacy Clause, which gives federal law precedence over state law. The DOJ has framed the issue as a matter of sovereignty and election integrity, arguing that allowing potentially ineligible ballots to be counted would dilute the votes of eligible citizens. The government has not confirmed whether any of the 20,000 individuals on the list have actually voted or whether they are noncitizens.
Election Context
The midterm elections, held on November 3, will determine control of Congress. California, a state with over 23 million registered voters, has been a focal point in discussions about election integrity and mail-in voting. The Trump administration has previously highlighted concerns about noncitizen voting, though such cases are considered rare.
Next Steps
The Supreme Court has not indicated whether it will take up the case or issue an emergency order before Election Day. The court could act at any time, but there is no deadline for a response. If the justices decline to intervene, the ballots in question will be counted alongside all others as per California law.