With the U.S. midterms scheduled for Tuesday, the U.S. Department of Justice (DOJ) asked the Supreme Court on Monday to pause counting ballots associated with more than 20,000 California voters on a federal list.
The emergency application asks the justices to keep affected ballots outside the count while officials check the listed voters’ citizenship. The Department of Homeland Security (DHS) compiled the list and sent it to California and Los Angeles County officials.
The DOJ bases its case on a 1996 federal law that makes noncitizen voting in federal elections a crime. It argues California is obstructing enforcement and that federal law overrides the state’s election procedures. California says its safeguards are adequate, questions the federal list’s reliability and argues the lawsuit could affect eligible voters’ access to the ballot.
The DOJ did not win relief in Los Angeles on Oct. 28; U.S. District Judge David Carter denied its request. On Friday, the U.S. Court of Appeals for the Ninth Circuit also declined to block the ballots, citing possible harm to eligible voters and the county’s election process. The Ninth Circuit’s Friday ruling also pointed to California’s election safeguards, including procedures for canceling registrations when a voter is found ineligible.
The Constitution gives states primary responsibility for election administration while preserving a federal role. In September, the Supreme Court rejected a separate administration effort to curb mail voting.
Reuters reported in July that 129 cases involving noncitizens charged with illegal voting had occurred since the 1996 law was enacted. The news agency said voter confusion and administrative mistakes appeared to account for many, rather than deliberate fraud.
The DOJ also asked for temporary relief while the justices review its application. Midterm voting is scheduled for Tuesday, Nov. 3.
