Trump makes last-minute SCOTUS push after courts reject bid to set aside 20K California ballots
WASHINGTON, DC: The Trump administration is not ready to give up on its efforts to ensure that alleged noncitizen votes are not counted in the California midterm race.
In a last-minute effort, the Trump administration on Monday, November 2, moved to the highest court to seek to block around 20,000 alleged illegal mail-in ballots from noncitizens.
DOJ asks justices to freeze ballots before vote
The Trump administration has asked the US Supreme Court to overturn a lower-court ruling that denied its request to block the counting of California's 20,000 mail-in ballots allegedly cast by noncitizens.
The Department of Justice has sought a temporary block on counting, arguing that a limited injunction would preserve the ballots while their eligibility is investigated, without canceling any votes.
California and the federal government are in disagreement over whether the votes are legal or not.
"Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm is impossible to remedy," the Justice Department wrote in a court filing.
The 9th Circuit Court of Appeals on Friday, October 30, rejected the request, as did a federal judge in California on Wednesday, October 28.
California has defended its safeguards against noncitizen voting, arguing that the federal list could contain errors and lead to eligible voters being wrongly denied their right to vote.
The lower courts also said that states have the authority to manage their own election procedures and warned that granting the DOJ’s request could disrupt the election.
Why DOJ says California is breaking the federal law
The case was first filed on October 15, wherein the DOJ accused California of bypassing a federal law that prohibits noncitizens from voting in federal elections. In California, noncitizens can vote in specific local school board elections under limited municipal laws.
The administration says the state violated the Constitution’s Supremacy Clause, which generally gives federal law precedence over state law.
Under the Elections Clause of the US Constitution, Congress holds explicit authority to override state rules and regulate how federal elections are conducted.
In an Oral argument on October 25, the Appeals Court established a distinction between what Congress can do versus what the Executive branch (DOJ) can do, maintaining DOJ doesn’t have the legal right to regulate California polls.
In the October 25 hearing, the 9th Circuit Court of Appeals also pressed the DOJ attorney over the credibility of the department’s claim that there are 20,000 noncitizens on California’s voter roll.
The DOJ said the number came from a purchased list of voters and was analyzed by third parties.
