DOJ Seeks Supreme Court Help On California Ballots

The U.S. Department of Justice filed a notice on Monday asking the Supreme Court to step into its dispute with California over voter registration. The filing requests injunctive relief to stop the state from processing ballots for specific voters. This move comes one day before Election Day.

First, the department claims it identified 20,000 likely noncitizens on the state roll. It argues these ballots should not be counted until citizenship is verified. However, county officials say the actual number of affected ballots is much lower. Many people on the list did not have active registrations or receive mail ballots.

Second, lower courts have already rejected the federal government’s emergency requests. A federal judge and a divided Ninth Circuit panel sided with California and Los Angeles County. They ruled that the DOJ’s list is unreliable. Creating a new system to segregate ballots while voting is underway is infeasible, they found.

Third, legal experts cited in the rulings point to the Purcell principle. This doctrine suggests election rules should not change right before an election. The Ninth Circuit panel also noted that the National Voter Registration Act bars states from removing ineligible voters within 90 days of a federal election. The Constitution gives states primary authority to run their elections.

Judge Mark Bennett and Judge Gabriel Sanchez wrote the majority opinion rejecting the DOJ’s emergency request. They warned that granting relief could lead to disenfranchisement and jeopardize the county’s entire election. Judge Patrick Bumatay dissented. The panel’s decision stands until the Supreme Court acts.

The dispute is part of a larger escalation between the DOJ and California election officials. In recent weeks, the department sent subpoenas and warned of criminal prosecution for allowing ineligible voters. A federal judge in San Francisco issued a temporary restraining order late Friday. That order bars the administration from threatening or coercing officials to stop processing ballots. The government has appealed that order as well.

Data scientists at the University of California Los Angeles Voting Rights Project gained access to the DOJ list through a court order over the weekend. Their analysis found that 42 percent of the names on the list do not appear on California’s current voter roll. The group also identified naturalized citizens among the flagged voters.