9th Circuit Appellate Judges Question Justice Department Request to Set Aside California Mail Ballots

The outcome of the litigation could affect how thousands of mail ballots are handled in California elections and whether federal authorities can compel states to segregate ballots based on citizenship reviews.

• •A panel of 9th U.S. Circuit Court of Appeals judges questioned a Justice Department lawsuit demanding California set aside 20,000 mail ballots flagged as potential noncitizens.
• •The Justice Department asked a federal judge to require California to withhold counting the flagged ballots until immigration status could be verified.
• •Justice Department attorney Matthew Donnelly argued that allowing potentially noncitizen votes causes irreparable and irreversible harm.
• •Judge Mark Bennett questioned whether the appellate court has jurisdiction to hear the case before a lower court ruling.
• •Judge Gabriel Sanchez raised concerns that the federal government might be violating the Tenth Amendment by commandeering state enforcement of federal law.
• •Attorney Seth Waxman stated that segregating the ballots based on the administration's list would effectively disenfranchise thousands of eligible voters.
• •Los Angeles County staff reviewed a sample of 200 records from the administration's list and found canceled registrations, inactive registrations, and individuals born in the United States.
• •Attorney Sam Siegel argued that the federal government provided no credible evidence and that noncitizen voting is exceptionally rare.