WASHINGTON, October 26 (Aalimi Nation) – A three-judge US appeals court panel appeared sceptical on Sunday of a Justice Department bid to force California to set aside tens of thousands of mail-in ballots, in a rare weekend hearing held days before the November 3 midterm elections.
The dispute
The Justice Department filed its lawsuit on October 15 in a federal court in Los Angeles. It asks that California separate mail ballots cast by voters the federal government considers likely to be noncitizens, and not count them until their citizenship is verified. The department says it sent California officials a list of about 20,000 names that it believes are ineligible to vote on citizenship grounds.
California disputes the figure and the underlying data. State officials say they have strong safeguards against noncitizen voting. Governor Gavin Newsom has called the lawsuit a politically motivated attempt to suppress voters.
Questions from the bench
Circuit Judge Mark Bennett, appointed by President Donald Trump, said the panel would rule as soon as possible. He said the Constitution's Elections Clause gives states, not the federal government, the power to run elections, and asked how the court could issue an injunction that conflicts with California's law. According to accounts of the hearing, he also questioned whether the appeals court had jurisdiction at all, noting that the district court had said it would rule quickly.
Judge Gabriel Sanchez raised a possible Tenth Amendment problem, asking whether the federal government was effectively commandeering the state to enforce a federal law. Judge Patrick Bumatay was seen as more sympathetic to the government, saying everyone has an interest in ensuring that only eligible citizens vote and suggesting that an injunction could provide clarity.
The panel had not ruled by the time the hearing ended.
Contested claims
President Trump has repeatedly claimed, without presenting evidence, that noncitizens are voting in large numbers and that Democrats benefit. Earlier this year he criticised California's primary elections and announced an investigation of the state by a US Attorney's office.
Voting rights advocates say the administration has not disclosed how it compiled its list of names, and whistleblower reports have raised questions about its accuracy. The Justice Department maintains that the ballots should be held back until eligibility can be confirmed.
The case comes less than a week before the midterms, which opinion polls suggest will be difficult for the Republican Party. Analysts cite President Trump's falling approval ratings and public concern over the cost of living and the US-Israel war on Iran.
Legal commentators following the hearing said the panel appeared very likely to reject the administration's appeal, though no decision has been issued. If the court does rule against the Justice Department, California would be free to continue counting all valid mail ballots under its own procedures. A ruling for the department would mark an unusual federal intervention in how a state counts votes so close to polling day.
