Politics1 min read

DOJ asks for Supreme Court to intervene on California ballot demands

By · Via NPR · Published by Everything Blog

In short

The emergency application follows repeated courtroom setbacks for the federal government, including an adverse ruling from a divided 9th Circuit Court of Appeals panel. Appellate judges rejected the federal intervention by citing established legal doctrines that restrict last-minute election rule changes and late systematic roll purges. Meanwhile, county administrators dispute the federal figures, emphasizing that many targeted individuals lack active registrations and were never issued ballots. To ramp up pressure, the Justice Department recently issued grand jury subpoenas directly to Los Angeles County election workers.

Key points

  • Lower federal courts have consistently blocked emergency efforts to halt the processing o…: Lower federal courts have consistently blocked emergency efforts to halt the processing of challenged California ballots right before Election Day.
  • Local election administrators contend the federal government's 20,000-person figure is in…: Local election administrators contend the federal government's 20,000-person figure is inflated because many listed individuals never received ballots.
  • Federal authorities have raised tensions with local administrators by threatening crimina…: Federal authorities have raised tensions with local administrators by threatening criminal prosecution if targeted ballots are not segregated immediately.

Sources checked by our analysis pipeline: 1

With just a day to go before Election Day on Nov. 3, the Department of Justice is asking the U.S. Supreme Court to wade into its feud with California over the state's voter rolls.

After a federal district judge and a divided 9th Circuit Court of Appeals panel rejected the DOJ's request to order California to set aside and stop processing the ballots of thousands of people, the DOJ filed a notice Monday that it plans to appeal to the high court.

It remains to be seen whether the Supreme Court will agree to intervene and whether it would weigh in before Election Day if it does.

The DOJ says it has identified 20,000 "likely" noncitizens on California's voter roll whose ballots should not be counted until their citizenship can be verified.

Courts so far have sided with California and Los Angeles County's arguments that the federal government's list is unreliable, and that creating a novel system to segregate ballots while voting is already underway is infeasible.

"[T]here is a material risk that granting the United States its requested relief…

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