DOJ asks Supreme Court to take action on California ballot demands

LOS ANGELES (CNS) - On the eve of Election Day, the Justice Department today asked the U.S. Supreme Court to weigh in and stop California election officials from counting more than 20,000 ballots from people the federal government suspects may be non-citizens.

The request comes after a split 9th U.S. Circuit Court of Appeals panel and a Los Angeles federal judge last week rejected the DOJ's attempt to obtain a temporary restraining order separating the allegedly ineligible vote-by-mail ballots.

The 2-1 vote Friday by the appeals panel was the latest setback for the administration's efforts to assert control over state-run elections.

``We decline the United States' invitation to contravene the Elections Clause by undermining the Constitution's plain text,'' the majority wrote in its decision.

In a forceful opinion last week, U.S. District Judge David O. Carter said the federal government's request ``would wreak havoc and disrupt the election that is already underway, create a chilling effect on election workers and voters alike, and discount the votes of United States citizens.''

The judge set an expedited hearing for Nov. 13 in Los Angeles federal court to further explore the matter. Carter said election officials have until Dec. 3 -- the date by which election results must be certified -- to resolve the issue, suggesting there was no need for an emergency injunction.

Carter indicated he would call witnesses to determine the reliability of the methodology and data that prosecutors used in creating the list of 20,000 possible non-citizens. He said previously that federal officials provided only vague explanations ``and raised multiple questions regarding reliability'' of the process.

In asking for a quick ruling on the renewed motion, the DOJ wrote that ``once a vote-by-mail ballot has been processed, it cannot be undone if it is later determined that the voter was ineligible.''

The DOJ filed a notice Monday that it plans to appeal to the high court. The Supreme Court could act on the petition at any time, but there is no deadline.

The midterm elections are crucial because they will determine which parties hold majorities in both chambers of Congress.

Carter, a Bill Clinton appointee who is overseeing the closely watched lawsuit, United States of America v. State of California, et al., previously dismissed a DOJ attempt to force California to turn over its full voter registration list to the federal government.

The Justice Department has sued 30 states that refused to turn over voter data, losing the majority of the cases so far.

The federal government sued California on Oct. 15, more than a week after mail ballots were sent to all registered voters, demanding it set aside 20,000 ballots from alleged non-citizens after the state refused to voluntarily sequester those votes.

In opposition to the administration's demand for an injunction, the defendants -- Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan -- argued they lack the mechanisms and legal authority to freeze mail ballots until voters' citizenship can be verified.

The DOJ's first appeal to the 9th Circuit was denied because the lower court judge had not yet ruled on the request. The three-judge appellate panel quickly rebuffed the effort following a rare weekend hearing.

In his subsequent ruling, Carter wrote that by moving to have ballots sequestered, the Trump administration embarked on ``a broad, ongoing pattern of attempted election interference.''

On Thursday, federal prosecutors pursued subpoenas of California state and local election officials in connection with alleged illegal voting in the midterm elections.

``The President of the United States has a loose grip on the law and an even looser grip on reality,'' California Attorney General Rob Bonta posted on X on Saturday. ``As I've said many times, the only election Donald Trump recognizes as valid is one where he wins. There is no widespread voter fraud.

The federal government has no right to interfere in California's elections.''