With Election Day Near, Trump Administration Asks Supreme Court to Hear California Mail Ballot Appeal

Appeal filed before Election Day

The Supreme Court has not said whether it will intervene. Even if it takes the case, it is uncertain whether the court would act before Election Day on Nov. 3.

Dispute over voter list

The Justice Department says it identified 20,000 “likely” noncitizens on California’s voter roll and argues their ballots should not count until citizenship is verified. County election officials have found that many people on the federal list lacked active voter registrations and were not sent ballots, suggesting the number of ballots actually at issue is much smaller.

California and Los Angeles County have argued that the federal list is unreliable and that separating ballots while voting is underway would be impractical. Courts so far have agreed with those arguments.

Court cites election risks

In Friday’s decision, 9th Circuit Judges Mark J. Bennett and Gabriel P. Sanchez rejected the Justice Department’s emergency request. They warned that the requested relief could disenfranchise voters and jeopardize the county’s election.

The judges cited the Purcell principle, which cautions against changing election rules close to an election, and the Constitution’s assignment of election administration to states. Their opinion also pointed to the National Voter Registration Act, which bars systematic removal of ineligible voters within 90 days of a federal election. Judge Patrick J. Bumatay dissented.

Tensions with California officials

The appeal comes amid a growing dispute between the Justice Department and California election officials. In recent weeks, department officials warned local election workers they could face criminal prosecution if they did not cooperate with federal demands to separate ballots.