DOJ Targets 20,000 California Ballots in Supreme Court Bid

The Department of Justice filed for Supreme Court intervention on Monday, asking the high court to stop California from counting ballots cast by 20,000 voters the federal government labels as likely noncitizens. This request arrives one day before the general election.

The Justice Department claims these 20,000 individuals should be removed from the count until their citizenship is verified. However, Los Angeles County officials argue the federal list is unreliable. They note that many names on the list do not hold active voter registrations and were never mailed ballots.

Federal courts have rejected the department's previous emergency requests. A divided Ninth Circuit panel issued a ruling on Friday that denied the DOJ's bid to segregate the ballots. Judges Mark Bennett and Gabriel Sanchez wrote that granting the request creates a material risk of disenfranchisement. They warned that the move could jeopardize the county's entire election.

The panel cited the Purcell principle, a legal standard that discourages changing election rules on the eve of a vote. They also pointed to the National Voter Registration Act. That law prevents states from systematically removing ineligible voters within 90 days of a federal election. Judge Patrick Bumatay dissented from the decision.

Data from the University of California Los Angeles Voting Rights Project supports the state's position. The group received the DOJ list through a separate court order. Their analysis found that 42% of the names do not appear on California's current voter roll. The study also identified naturalized citizens on the federal list.

The legal battle is part of a wider conflict between the federal government and California election officials. The DOJ has sent subpoenas to state staff and reminded them of criminal prosecution risks for allowing ineligible voters. A federal judge in San Francisco issued a temporary restraining order late Friday. That order bars the Trump administration from threatening or coercing election officials. The government has appealed that ruling as well.

A federal judge in San Francisco, David Carter, described the DOJ's actions as a broad, ongoing pattern of attempted election interference. The Supreme Court has not yet indicated if it will take the case. If it does, the justices must decide quickly to influence the Tuesday vote.