Another judge blocks DOJ ballot demands in California

On the eve of Election Day, a federal judge in California blocked the Trump administration from demanding state officials separate ballots suspected of belonging to noncitizens, citing potential constitutional violations. Chief U.S. District Judge James Boasberg's ruling extends beyond the court's previous rejections of the DOJ's attempts, directly prohibiting federal officials from making such demands despite the administration seeking Supreme Court intervention to compel compliance.

Boasberg determined that the Constitution grants states and Congress, not the executive branch, authority over election rules. Consequently, he barred the Justice Department and the Department of Homeland Security (DHS) from pressuring California officials to alter ballot counting procedures based on federal lists of suspected noncitizens.

The ban does not prevent the administration from investigating illegal voting or compiling lists of suspected noncitizens, as federal law makes it a crime for noncitizens to vote in federal elections, and DOJ can prosecute those who violate this law. However, this does not grant the DOJ the authority to dictate how states verify voter eligibility or count ballots, the judge emphasized.

According to DOJ, they identified over 20,000 suspected noncitizens on California's voter rolls. However, an expert found that at least 22 Coalition for Humane Immigrant Rights members, all U.S. citizens, and another 66 individuals were likely on the list, all of whom were wrongly included. Boasberg found the expert's findings credible, concluding that the list's errors posed a real threat to eligible voters.

He noted that while the President believes stricter procedures are beneficial, they do not justify overstepping the Executive Branch's constitutional limits in this matter.

The ruling differentiates from previous cases by restricting the federal government from making demands rather than simply refusing to order California to comply. Notably, a separate lawsuit filed by the DOJ to force California and Los Angeles County to segregate ballots from suspected noncitizens was also rejected by a federal judge on Wednesday and an appeals court on Friday.

Monday's ruling restricts the federal government from making such demands, following a nationwide temporary restraining order that prohibits similar demands and threats of prosecution against election workers.

Despite these restrictions, Boasberg did not prohibit federal officials from investigating illegal voting or compiling lists of suspected noncitizens. While federal law makes it a crime for noncitizens to vote in federal elections, DOJ can prosecute individuals who knowingly break this law. Nonetheless, this does not empower the DOJ to compel states to change their methods of verifying voter eligibility or counting ballots, Boasberg stated.

California can continue its existing election procedures while federal prosecutors pursue cases of illegal voting, according to the judge.

Potential Supreme Court intervention remains, as the Court could order California to set aside the disputed ballots.