Supreme Court urged to review California Voter roll dispute

The Justice Department’s appeal follows unsuccessful attempts to halt ballot processing in California. A federal district judge and a 9th Circuit Court of Appeals panel both denied the DOJ’s request to withhold and cease processing ballots for approximately 20,000 individuals identified as “likely” noncitizens.

The DOJ contends these ballots should not be counted until citizenship verification is complete. Courts have previously rejected the DOJ’s arguments, citing concerns about the reliability of the government’s list and the impracticality of segregating ballots during an ongoing election.

A recent ruling from the 9th Circuit Court of Appeals emphasized the potential for disenfranchisement and the constitutional authority of states to manage elections. The ruling also referenced the National Voter Registration Act’s restrictions on removing voters close to an election. One judge dissented from the decision.

While the DOJ initially identified 20,000 potential noncitizens, county officials have determined that many on the list were inactive voters who did not receive ballots.

The Justice Department has been intensifying its conflict with California election officials, recently issuing criminal prosecution warnings to local officials who resist federal demands. Last week, subpoenas were sent to employees at the Los Angeles County Registrar-Recorder’s office.