Courts block 20,000 ballot dispute in California midterms
Federal judges issued three separate rulings on Friday that limit the Justice Department's ability to intervene in California's vote counting and protect election workers from intimidation.
By Leila Reynolds ·
A federal appeals court in the 9th Circuit issued a 2-1 decision on Friday rejecting the Justice Department's demand that California set aside approximately 20,000 disputed ballots. The court ruled that the state cannot identify and segregate those specific votes without causing catastrophic effects on the entire election system. The decision marks a legal setback for the administration's effort to assert control over state-run midterms before the vote concludes Tuesday.
The Justice Department alleges that California mailed ballots to individuals who may not be U.S. citizens. The department wants those ballots held until citizenship is verified. California officials counter that the list is unreliable and likely includes many eligible citizens. A district court judge initially denied the request on Wednesday, warning that the federal demands risk disenfranchising voters.
Judge Mark J. Bennett, appointed by President Donald Trump, and Judge Gabriel P. Sanchez, appointed by former President Joe Biden, wrote the majority opinion. They stated there is no feasible way to isolate the ballots of specific individuals. Judge Patrick J. Bumatay, also appointed by President Trump, dissented. He argued that California's refusal to separate the ballots encourages the violation of federal law and undermines the federal interest in election integrity.
Hours after the appeals court ruling, U.S. District Judge Trina L. Thompson in the Northern District of California issued an emergency order. The order barred the Justice Department from threatening or coercing election workers who are processing ballots. Thompson ruled that because ballots have already been issued and Americans have begun voting, there is no reason to delay the ruling. The order also prevents the department from demanding local officials segregate ballots deemed potentially ineligible.
The emergency order followed a lawsuit filed by labor unions. April Verrett, president of the Service Employees International Union, called the ruling a victory for the workers who make elections possible. Meanwhile, top federal prosecutor Bill Essayli warned that election officials who knowingly process the ballot of a noncitizen are opening themselves to legal jeopardy.
In a third ruling on Friday, a federal judge ordered the administration to share the list of 20,000 names with lawyers for the Coalition for Humane Immigrant Rights and the UCLA Voting Rights Project. This will allow outside groups to examine the list's accuracy. The federal government appealed that decision on Friday evening. The Justice Department has also issued subpoenas to Los Angeles County election officials, seeking documents related to federal letters sent in July and October.
A separate 9th Circuit panel ruled that federal investigations into illegal voting by noncitizens will remain on hold in nine states until after Election Day. The judges, all nominated by Democratic presidents, found that public investigations caused some citizens to avoid election activities out of fear. The investigations can resume after the midterms conclude Tuesday.
