US Justice Department challenges California over 20,000 ballots linked to suspected noncitizens

A federal appeals court expressed doubt on Sunday about a lawsuit initiated by President Donald Trump's administration aiming to compel California officials to discard thousands of mail-in ballots suspected of being sent to non-citizens prior to the midterms. During an unusual weekend hearing, two judges on a three-judge panel of the 9th US Circuit Court of Appeals probed a Justice Department lawyer concerning the lawsuit, a significant move by the Trump administration to increase federal involvement in elections ahead of November 3.

The lawsuit, filed by the Department of Justice, underscores the administration's intention to challenge midterm results that will determine control of the US Congress, where Republicans hold a narrow majority in both chambers. The DOJ has warned election officials in California that they could face federal scrutiny if they resist assisting in identifying suspected non-citizens on voter rolls.

The administration has provided California officials with a list of 20,000 individuals it claims are likely aliens registered to vote in the state. Despite California's assertion of robust safeguards against non-citizen voting, the DOJ contends that the evidence presented is untrustworthy. The lawsuit was initially filed in federal court in Los Angeles on October 15, requesting a federal judge to order California to segregate ballots from individuals on the administration's list and refrain from counting them until the citizenship of the voters is verified.

Circuit Judge Mark Bennett, a Trump appointee, questioned during Sunday's oral argument whether the lawsuit could comply with the US Constitution's Elections Clause, which grants states authority over election processes. Judge Bennett emphasized that it appears the suit contradicts a provision of the Constitution that allows states to set their election procedures.