By Ahmed Abdelsalam
A federal judge in California has refused a Justice Department request to segregate and block the counting of more than 20,000 mail-in ballots from voters the government alleges are noncitizens. U.S. District Judge David Carter ruled late Tuesday that the request would violate constitutional principles granting states control over elections and would create chaos days before the midterm election.
Judge cites constitutional principles and prosecutorial alternatives
Carter wrote that granting the last-minute request would “wreak havoc and disrupt the election that is already underway” and discount the votes of U.S. citizens. He noted that the federal government has a “clear remedy” through its prosecutorial tools, pointing to 28 recent indictments for illegal voting in California. “You’ve got a remedy, for goodness’ sakes,” Carter told prosecutors. “Go out and indict.”
Justice Department lawsuit and evidence challenged
The DOJ filed suit on Oct. 15, seeking a court order to set aside vote-by-mail ballots from individuals it identified as “likely noncitizens.” The department said it compiled a list of over 20,000 names but California attorneys called the numbers unreliable, noting the government had previously cited 190,000 suspect voters and refused to disclose its methodology. “Where is the evidence?” state attorney Christina McCall asked during a hearing.
California argues request is a recipe for disenfranchisement
State attorney Anne Bellows told the judge the stakes were enormous, arguing the government was trying to force an unclear investigation into the citizenship of tens of thousands of people without clear standards shortly before an election. First Assistant U.S. Attorney Bill Essayli countered that once the state is aware of potential noncitizens on its rolls, “they need to do something.”
Appeals court rejects emergency appeal
The Justice Department sought an expedited ruling from the 9th U.S. Circuit Court of Appeals after Carter did not act by a Thursday deadline. A 2-1 panel denied the request, finding the government’s claimed emergency was partly “self-constructed” and noting the U.S. had raised concerns about California’s voter rolls since July. The dissenting judge, a Trump appointee, argued federal law precludes commingling ballots likely cast by noncitizens.
