Appeals court declines to block California counting disputed ballots
Summarised from 2 outlets · Updated 27 Oct, 05:02 · Archive
An appeals court declined to rule on whether California can count roughly 20,000 ballots the Justice Department alleges belong to noncitizen voters.
An appeals court on Monday declined to rule on whether California elections officials can count roughly 20,000 ballots that the Justice Department alleges belong to noncitizen voters. The 2-1 decision sets the Trump administration and state officials up for another legal showdown on Tuesday in front of a federal district judge, giving the federal government a very short window to compel California to sequester votes before the November 3 elections.
The Republican administration sued election officials in mid-October, accusing them of failing to meet a 48-hour deadline to review a list of 20,000 people it alleged were likely noncitizens on the state's voter rolls. The administration asked the court to stop the state from counting those ballots until immigration status checks could be completed. The Justice Department made similar demands in Washington state on Monday.
Although the appeals court panel primarily ruled it was premature for an appeals court to get involved, two of the three judges also wrote separate concurrences making clear they would not support setting aside ballots at this late date. One judge dissented, arguing that federal law bars noncitizens from voting and that California must vet the ballots before they are counted. The failure to do so, he wrote, would cause irreparable harm to the election.
How it is being reported
- Appeals court declines to block California from counting 20,000 disputed ballotsThe Justice Department alleges the ballots likely belong to noncitizen voters.PennLive · 27 Oct, 03:19
- Appeals court declines to block California from counting 20,000 disputed ballotsLOS ANGELES — An appeals court on Monday declined to rule on whether California elections officials can count roughly 20,000 ballots that the Justice Department alleges belong to noncitizen voters.TribLIVE · 27 Oct, 00:53
In this story: California · Justice Department · Trump administration · Washington
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