California ballots remain unsegregated after court rejects DOJ request

The court found that there was no feasible way to identify and separate the ballots without causing significant disruption to the electoral system. Judge Patrick Bumatay, writing in dissent, argued the government’s proposal was a “modest” measure and that collaboration between federal and state entities was possible.

California has long prohibited noncitizens from voting in its elections, a policy the Justice Department sought to protect. Earlier this month, the administration initiated legal action requesting California election officials set aside the contested ballots.

A U.S. District Judge previously ruled that the administration’s request violated constitutional principles regarding state control over elections, warning that it could be exploited for political gain. Concerns were also raised about the accuracy of the government’s methods for identifying potential noncitizen voters.

The judge highlighted inconsistencies in the administration’s claims, referencing similar allegations made in Nevada, where initial estimates of noncitizen voters were drastically reduced after manual review. Initially, Nevada was reported to have 15,903 noncitizen voters, a number that was later revised to 6,218 and then to 185, all of whom were ultimately confirmed as citizens.

The appeals court also criticized the government for delaying intervention until so close to the election, deeming the urgency “at least in part, self-constructed.” The Justice Department has not yet commented on the decision or whether it intends to appeal to the Supreme Court.

Kristen Clarke, general counsel of the NAACP, celebrated the ruling, asserting that it safeguards voter rights and prevents political interference in elections.