Appeals court rejects Trump DOJ bid to block California ballots

Summarised from 7 outlets · 8 reports · Updated 27 Oct, 00:15 · Archive

A federal appeals court rejected the Justice Department's demand to force California to set aside 20,000 mail-in ballots.

The Trump administration sought an emergency order to force California election officials to set aside mail-in ballots sent to people on a list of roughly 20,000 names the Justice Department believed were noncitizens. The administration had provided California with a flash drive containing the names and demanded state officials review them within 48 hours. When California did not comply, the Justice Department filed a lawsuit in mid-October, just weeks before the 3 November midterm elections.

During a rare Sunday hearing before the Ninth Circuit, Justice Department attorney Matthew Donnelly argued that thousands of ballots were being processed daily and that delay would cause irreparable harm. He told the court that California was allowing noncitizens to vote in violation of state law. The administration asked the appeals court to rule immediately, bypassing the district court process.

Circuit Judge Mark Bennett, a Trump appointee, raised sharp questions about the administration's legal arguments. He questioned whether the requested injunction could be reconciled with the Constitution's Elections Clause, which gives state legislatures authority over the times, places and manner of elections. "It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause," Bennett told Donnelly. Other judges also questioned whether the court had jurisdiction to intervene before the lower court could rule.

On Monday, the Ninth Circuit rejected the Justice Department's request in a 2-1 decision. The majority said the administration had partly created its own emergency through delays in filing suit and failing to recognise that California's existing state law governed ballot processing. "The United States's claimed emergency, at least in part, is a self-constructed one," the majority wrote. Judges Mark Bennett and Gabriel Sanchez ruled the Justice Department had appealed prematurely, before a lower court judge had sufficient time to consider the case.

Judge Patrick Bumatay dissented, arguing that once ballots were processed it would be impossible to identify and remove suspected noncitizen votes. He said the federal government should have been granted relief to stop California from proceeding with counting the disputed ballots. A hearing before District Judge David Carter remains scheduled for Tuesday.

This marks the latest setback for the Trump administration's efforts to assert greater federal oversight of elections ahead of the midterms. The case follows more than two dozen court challenges in which the administration has sought to compel states to release voter rolls.

How it is being reported

• California judges deal huge blow to DOJ’s bid to strip 20,000 voters from next week’s elections — despite stunning court revelationsThe DOJ's lawsuit accused state officials of not meeting a 48-hour deadline to review the thousands of names the administration deemed suspicious.New York Post · 27 Oct, 00:11
• Appeals court rejects Justice Department demand to remove mail ballotsA federal appeals court on Monday rejected a Justice Department demand that sought to force California to set aside 20,000 mail ballots.UPI · 26 Oct, 23:48
• Court dismisses DOJ's request to force California to set aside ballotsA federal appeals court on Monday dismissed the DOJ's effort to force California election officials to set aside thousands of ballots that the Trump administration claims may have been cast by alleged noncitizens.CBS News · 26 Oct, 22:44
• Court blocks bid by Trump DoJ to stop California from counting mail-in ballotsCalifornia counties were told by DoJ to set aside and verify ballots administration claims belong to noncitizen voters A US appeals court on Monday ruled against Donald Trump’s justice department in a major voting dispute ahead of the midterm elections, denying a request to block California from counting mail ballots from people on a list of more than 20,000 registered voters the federal government alleges are likely noncitizens. The decision by the San Francisco-based ninth US circuit court of appeals marked the latest setback in Trump’s efforts to assert a greater federal role in…Guardian World · 26 Oct, 22:44
• Trump-appointed judge questions president’s bid to block 20,000 California ballotsA panel of federal appellate judges on Sunday questioned the timing, constitutionality and authority of the Justice Department’s demand that California election officials set aside thousands of mail ballotsIndependent World · 26 Oct, 10:36
• US appeals court sceptical of Trump’s lawsuit over California voter rollsJudge questions Trump-led effort to exert greater influence over elections process ahead of upcoming midterm vote.Al Jazeera · 26 Oct, 04:32
• Appellate court panel grills DOJ lawyers on Calif. voter fraud suitA federal appellate court panel posed skeptical questions to Trump administration lawyers Sunday as they pressed a California voter fraud suit.UPI · 26 Oct, 01:38
• Ninth Circuit questions Trump DOJ's emergency request to set aside 20,000 California mail ballotsA Ninth Circuit panel grilled Justice Department lawyers over forcing California to set aside mail-in ballots tied to suspected noncitizens.Fox News · 26 Oct, 01:26

In this story: Trump · Justice Department · California · Ninth Circuit Court of Appeals · Mark Bennett · Matthew Donnelly · Patrick Bumatay

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