DOJ seeks Supreme Court order to pause counting 20,000 California ballots

The U.S. Department of Justice filed a notice on Monday seeking an emergency order from the Supreme Court to halt the counting of ballots from 20,000 voters in California. The federal government argues these individuals are likely noncitizens and should not have their votes tallied until their citizenship is verified. The request comes one day before Election Day.

The appeal follows a rejection of the DOJ's lower court bid by a split panel of the 9th Circuit Court of Appeals. The judges ruled that the federal government's list of voters is unreliable and that implementing a new system to segregate ballots during an active election is too difficult. They warned that granting the request could lead to disenfranchisement and jeopardize the entire election in Los Angeles County.

In their decision, Judges Mark Bennett and Gabriel Sanchez cited the Purcell principle, which advises against changing election rules close to an election. They also noted that the Constitution grants states authority over elections and that the National Voter Registration Act prevents states from removing ineligible voters within 90 days of a federal vote. Judge Patrick Bumatay dissented from the majority opinion.

County election officials in Los Angeles say the number of ballots actually in dispute is likely much lower than the 20,000 figure cited by the DOJ. They found that many people on the federal list did not have active voter registrations and were not mailed ballots. Data scientists at the University of California Los Angeles, who received access to the list through a separate court order, found that 42% of the names do not appear on California's current voter roll. The analysis also identified naturalized citizens on the DOJ's list.

The dispute has escalated in recent weeks, with the DOJ sending subpoenas to California election officials and reminding them of potential criminal prosecution for allowing ineligible voters to cast ballots. A federal judge in San Francisco issued a temporary restraining order late Friday to stop the administration from threatening or coercing these officials. The government has appealed that order as well.

A federal judge in the earlier proceedings, David Carter, described the department's actions as a broad pattern of attempted election interference. The Supreme Court has not yet decided whether to take up the case, nor has it set a timeline for a decision before Tuesday's vote.