The Los Angeles Times and Associated Press reported that a Ninth Circuit panel questioned Sunday whether it could intervene before a district court hears the United States’ request to pause some California mail ballots.
The U.S. Department of Justice (DOJ) says federal agencies identified more than 20,000 people they believe are likely noncitizens. The United States wants California to stop counting mail ballots tied to those people until their citizenship is checked. Its complaint does not establish that everyone on the list is a noncitizen or cast a ballot. The DOJ says the request is intended to protect citizens’ votes from dilution.
During the hearing, Circuit Judge Mark J. Bennett asked, “How do we have jurisdiction when the district court has said it’s going to rule expeditiously?” the Los Angeles Times reported. DOJ attorney Matthew Donnelly told the panel, “The damage is irreversible and irrevocable,” the Associated Press reported. The panel issued no ruling during the hearing.
The United States sued California, Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan on Oct. 15. The United States filed its appeal Thursday, Oct. 22, before the district court ruled. Its notice described the delay as a “constructive denial” of the emergency request. The complaint invokes the Supremacy Clause and a federal law barring noncitizens from voting in federal elections. California and the county argue that state procedures govern election administration, subject to Congress’ authority under the Elections Clause. California also cites the Purcell principle, which courts have used to caution against late changes to election rules. EconoTimes previously reported on California’s challenge to the federal ballot request.
Los Angeles County Assistant Registrar-Recorder Monica Flores said in a sworn declaration that staff conducted a preliminary review of 200 records with county addresses. The review found 112 records tied to canceled or inactive registrations, for which no general-election ballot was mailed. Among records with meaningful birthplace information, 38.9% indicated U.S. birth; 71.2% had no voting history. Flores said the review “indicates that the October List is unreliable.”
County officials say they do not have the citizenship records or legal authority needed to conduct the checks. They warn a continuing hold could strain election operations and keep eligible ballots out of the count. In its motion, the DOJ argues that after a ballot is separated from its return envelope, officials cannot match the vote to an individual voter. The district court hearing on the request is scheduled for Tuesday, Oct. 27, at 4 p.m. ET (20:00 UTC; 1 p.m. PT).
