COURTROOM DEFEAT: Federal Appeals Court Blocks Trump Administration’s Effort to Challenge 20,000 California Mail-In Ballots
A federal appeals court on Monday rejected an emergency request by President Donald Trump’s administration to prevent California from counting mail-in ballots submitted by individuals appearing on a federal list of more than 20,000 registered voters suspected of being noncitizens. The ruling represents a significant setback for the administration’s efforts to tighten election safeguards just days before the November 3 midterm elections.
The decision by the San Francisco-based U.S. Court of Appeals for the Ninth Circuit allows California to continue processing and counting ballots under its existing election procedures, despite concerns raised by federal officials that thousands of people on the state’s voter rolls may not be legally eligible to participate in federal elections.
The dispute comes as Republicans and Democrats prepare for a closely watched congressional election that will determine control of the House of Representatives and the Senate. President Trump has made election integrity a major priority of his administration, particularly regarding allegations that noncitizens have been improperly registered or permitted to vote.
The California litigation represents an unusually direct attempt by the federal government to intervene in the administration of a state election. According to Reuters, it was the first instance in which the Trump administration sought a court order preventing a state from counting ballots associated with individuals identified through federal citizenship screening.
The Justice Department did not specify how many people appearing on its list of more than 20,000 potentially ineligible voters had actually returned mail-in ballots. That uncertainty became an important consideration in the dispute over whether the courts should intervene before Election Day.
Federal prosecutors had previously announced, on October 19, that 28 individuals identified in connection with election-related investigations were facing criminal charges. The alleged offenses included unlawful voting by noncitizens, submitting fraudulent voter-registration documents, and providing false information during naturalization proceedings.
California, which has the largest population of any American state, is also one of the Democratic Party’s strongest electoral bases. Its 52 seats in the House of Representatives make it particularly important in the national struggle for congressional control.
Democrats are attempting to regain the House majority from Republicans, making California’s congressional contests a central component of their electoral strategy. The administration’s challenge to the state’s mail-ballot procedures therefore comes at a politically sensitive moment.
Since returning to the White House, Trump has repeatedly criticized California’s immigration and law-enforcement policies, particularly its designation as a sanctuary state. The president has argued that restrictions on cooperation between state authorities and federal immigration agencies have weakened enforcement efforts and created opportunities for abuse.
Trump has also repeatedly alleged that California’s immigration policies have contributed to election irregularities, including the possibility that individuals without American citizenship have been able to register and cast ballots.
Studies and investigations examining noncitizen voting have generally found relatively few documented cases compared with the number of ballots cast nationwide. A Reuters investigation published in July identified 129 instances in which federal authorities had charged noncitizens with illegal voting. The investigation found that a number of those cases appeared to involve misunderstandings about eligibility or administrative mistakes rather than deliberate attempts to commit election fraud.
The latest legal battle began on October 15, when the Justice Department filed a lawsuit in federal court in Los Angeles seeking emergency intervention in California’s ballot-counting procedures.
Federal attorneys asked the court to require state election officials to identify and separate ballots received from individuals on the administration’s list. Under the proposed arrangement, those ballots would remain excluded from the official count until authorities independently confirmed that the voters were American citizens.
The administration argued that such precautions were necessary to prevent potentially unlawful ballots from being included in the election results. California officials, however, maintained that the federal government had not established a sufficient factual basis for imposing extraordinary restrictions on the state’s voting procedures.
After seeking relief in the district court, the Justice Department turned to the Ninth Circuit with an emergency request for expedited consideration, hoping to obtain a ruling before the election.
California Secretary of State Shirley Weber’s office strongly opposed the federal intervention, arguing that the state already maintains extensive procedures designed to prevent ineligible individuals from registering or voting.
State attorneys also challenged the reliability of the information used by federal investigators to identify suspected noncitizens, contending that the administration’s allegations were based on “suspect data.”
“At best, this litigation is a reckless political stunt,” lawyers for California Secretary of State Shirley Weber said in an Oct. 20 court filing. “At worst, it threatens to disenfranchise thousands of Californians this election.”
Voting-rights organizations have similarly warned that federal efforts to identify noncitizens through comparisons of government databases could mistakenly classify naturalized American citizens as ineligible voters.
Such errors, critics argue, could result in legitimate voters being removed from registration lists or having their ballots subjected to additional scrutiny, particularly when election officials have limited time to verify citizenship information.
The Justice Department has defended its broader election-enforcement campaign as necessary to ensure compliance with federal laws prohibiting noncitizens from participating in elections for president and Congress.
Federal officials have warned election administrators in all 50 states that knowingly permitting ineligible noncitizens to remain registered or participate in federal elections could expose them to criminal liability.
The administration has also pursued a separate series of lawsuits seeking access to detailed voter-registration records from states and the District of Columbia. Those requests have included sensitive personal information that state officials argue should not be broadly disclosed to federal authorities.
According to the reported figures, the Justice Department has sued 30 states and Washington, D.C., over refusals to provide complete voter-registration information, with courts ruling against the administration in 26 of those cases.
Additional details from Monday’s ruling show that the appeals court’s decision rested primarily on procedural grounds rather than a final determination of whether the individuals identified by the federal government were eligible to vote.
In a 2-1 decision, the three-judge panel concluded that the Justice Department had attempted to obtain appellate intervention before the district court had been given a reasonable opportunity to consider its emergency application.
Judges Mark Bennett, appointed by Trump, and Gabriel Sanchez, appointed by President Joe Biden, formed the majority. They concluded that the administration had moved too quickly to the appellate court despite the lower court having scheduled a hearing on the matter.
The majority also questioned the urgency of the administration’s request, pointing out that federal authorities had been investigating the suspected registration irregularities for months before filing suit shortly before Election Day.
The judges characterized the administration’s claimed emergency as partly a “self-constructed one,” citing delays in bringing the litigation and the practical difficulties of changing ballot-processing procedures after voting had already begun.
Judge Patrick Bumatay, another Trump appointee, dissented. He argued that the federal government had a legitimate and substantial interest in preventing ballots cast by ineligible noncitizens from influencing federal elections.
“The question — does the federal government have the power to stop this potential attack on the integrity of our elections? Under both federal law and the Constitution, the answer must be ‘yes,’” Bumatay wrote. “Simply, the federal government has a sovereign interest in safeguarding federal elections and ensuring that the votes of noncitizens do not undermine our electoral results.”
Court documents also provided new information about how the administration assembled its list. Federal immigration authorities initially examined more than 175,000 California voter-registration records before narrowing the results to approximately 20,000 individuals whom investigators considered highly likely to be noncitizens.
The screening involved U.S. Citizenship and Immigration Services and Homeland Security Investigations, which compared voter information against immigration records and other databases.
California officials challenged the accuracy of that process. According to a preliminary review conducted by Los Angeles County election authorities, many individuals flagged by federal investigators appeared to have been born in the United States, while others had inactive or canceled registrations.
The review raised questions about whether the federal screening system had incorrectly identified eligible American voters or included individuals whose registration status had already changed.
California Attorney General Rob Bonta welcomed Monday’s decision, portraying it as a victory for state election officials and voters who might otherwise have faced additional obstacles to having their ballots counted.
The legal confrontation is not over. U.S. District Judge David O. Carter is scheduled to hear arguments Tuesday in Los Angeles on the Justice Department’s underlying request for an order requiring California to separate the disputed ballots.
That hearing could determine whether the administration obtains any immediate relief before Election Day, although the appellate ruling leaves California’s existing procedures in place for the time being.
The outcome could also have implications beyond California, as the Trump administration continues its nationwide effort to obtain voter-registration records and identify individuals suspected of participating unlawfully in federal elections.
{Matzav.com}
