California ballot fight: appeals court dismisses DOJ bid to set aside thousands of votes

Appeals court rejects emergency request

The 9th Circuit dismissed the Justice Department’s appeal on Monday. Judges Mark Bennett and Gabriel Sanchez said the federal government had not given the district court an adequate opportunity to review its request for temporary relief. Judge Patrick Bumatay dissented.

In an unsigned opinion, the court said the government contributed to the urgency it cited through delays in filing suit, understanding California’s election rules and explaining its requested relief. Bumatay argued that the federal government has a role in protecting federal elections and preventing noncitizens’ votes from affecting results.

Dispute began with voter list

Los Angeles County responded on Oct. 15 that the list included addresses across the state, did not explain how it had been compiled and offered no guidance on confirming citizenship. The Justice Department sued California, Weber and Logan that same day, alleging officials had not worked with the federal government to identify noncitizens registered to vote.

Appeal came before hearing

District Judge David O. Carter scheduled a Tuesday afternoon hearing on the administration’s request for a temporary restraining order. The next day, the Justice Department appealed to the 9th Circuit, which held a rare Sunday oral argument. At least two judges appeared skeptical of the request, according to the account.

Government described screening process

In its lawsuit, the Justice Department said the Department of Homeland Security compares voter-roll information with internal records to find possible matches. It also described using third-party software to compare voter information with data compiled about individuals, as well as internal records and information from the Social Security Administration.