Two of three appeals judges appear skeptical of Justice Department push to hold California ballots from 20,000 flagged voters
The Trump administration has made efforts to identify noncitizen voters a priority this year, even though noncitizen voting is exceptionally rare.
On Sunday, a panel of federal appellate judges voiced skepticism towards the Justice Department's request for California to withhold counting 20,000 mail ballots from voters suspected of not being citizens. Two of the three judges on the 9th U.S. Circuit Court of Appeals seemed doubtful about the lawsuit brought by President Donald Trump's administration.
The case centers around California failing to meet a 48-hour deadline to review the 20,000 names flagged by the administration. The Trump administration argues that California is causing irreparable damage by allowing noncitizens to vote, which violates state laws. Circuit Judge Mark Bennett questioned whether the appellate court has jurisdiction to hear the case, while Judge Gabriel Sanchez raised concerns about the federal government potentially violating the Tenth Amendment by commandeering the state.
The Justice Department's attorney, Matthew Donnelly, argued that allowing these ballots to be counted without verification is a denial of the government's request, as state election officials process thousands of mail ballots daily. Judge Bennett contended that the state's refusal to comply with the federal request is frustrating the purpose of the federal law against noncitizen voting.
The executive branch, according to Bennett, has the right to determine election procedures, including sorting out noncitizen voters.
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