Justice Department Asks the Supreme Court to Set Aside 20,000 California Ballots on the Day Before Election Day
Two courts have already said no. On Monday, the Justice Department took its bid to separate mail ballots from about 20,000 California voters on a federal list of suspected noncitizens to the U.S. Supreme Court — with more than 6 million California mail ballots already returned.
The Justice Department asked the U.S. Supreme Court on Monday to order California to set aside mail ballots from about 20,000 people named on a federal list of suspected noncitizens, so the ballots would stay uncounted until citizenship is verified, CBS News reported. The emergency request, filed by Solicitor General D. John Sauer, arrived the day before polls open for Tuesday's midterm elections.
Two courts have already refused the department. U.S. District Judge David O. Carter warned earlier that segregating the ballots would sow chaos, and on Friday the Ninth Circuit Court of Appeals voted 2-1 to deny the administration's motion, with Judges Mark Bennett and Gabriel Sanchez writing that if the federal government wanted different procedures for mail-in voting, it should bring the proposal to Congress rather than the courts, according to the Associated Press account of the rulings read this cycle.
The department's lawsuit names California and Dean Logan, Los Angeles County's registrar-recorder and county clerk. California Attorney General Rob Bonta has rejected the department's premise, and county election officials reported that many individuals on the federal list are verified citizens and that the number of questionable registrations is substantially lower; when Los Angeles County checked a 200-name sample from the list, officials found many names appeared to belong to citizens, and most of the people listed had not voted or been sent a ballot, the reports read this cycle said.
More than 6 million California mail ballots were already back as of Sunday, according to the Secretary of State's office as reported by CBS. It was not known Monday afternoon whether the justices would take up the request or act before polls close Tuesday. Los Angeles County vote centers are open Monday until 7 p.m. and on Election Day from 7 a.m. to 8 p.m.
