Before Election Day, Trump Administration Asks Supreme Court to Intervene in California Ballot Case

Appeal filed before Election Day

The DOJ had asked that California set aside and stop processing ballots from thousands of people. The Supreme Court has not said whether it will take up the case or rule before Tuesday’s Election Day.

Courts reject ballot request

The DOJ says it identified 20,000 likely noncitizens on California’s voter roll and argues their ballots should not count until citizenship is verified. California and Los Angeles County countered that the federal list is unreliable and that separating ballots during voting is not feasible.

The appeals court majority warned that granting the request could disenfranchise voters and put the county’s election at risk. The judges also pointed to the Purcell principle against changing election rules close to an election, state authority over elections, and federal limits on systematic voter removals within 90 days of an election.

List’s reach remains uncertain

The number of ballots actually affected is likely far below 20,000, because county officials found that many people on the DOJ list were not actively registered and had not been sent ballots. A court order in a separate lawsuit gave UCLA’s Voting Rights Project data scientists access to the list over the weekend.

Their analysis found that 42% of the names were not on California’s current voter roll. It also identified naturalized citizens on the DOJ list.

Dispute widens in California

The Supreme Court appeal is the latest step in an escalating dispute between the Justice Department and California election officials. In recent weeks, the department has sent subpoenas to officials in the state.

The DOJ has also reminded election officials that they could face criminal prosecution for allowing ineligible voters to cast ballots. The federal judge who first rejected the request described the government’s actions as a broad, ongoing pattern of attempted election interference.