Politics1 min read

Judge denies the Justice Department's bid to stop processing California ballots

By · Via NPR · Published by Everything Blog

In short

The emergency motion aimed to halt the handling of ballots tied to individuals identified by federal authorities as likely noncitizens during the midterm elections. State and local officials resisted the move, demonstrating that an analysis of the list revealed individuals who claimed U.S. birth or lacked active registrations. Judge Carter ruled that the government must rely on post-election criminal indictments rather than disrupting established voting protocols, though the Justice Department is anticipated to appeal the decision.

Key points

  • Federal efforts to alter voting procedures right before an election carry significant ris…: Federal efforts to alter voting procedures right before an election carry significant risks of disenfranchising legally registered American voters.
  • Criminal indictments remain the approved avenue for addressing allegations of illegal vot…: Criminal indictments remain the approved avenue for addressing allegations of illegal voting by noncitizens rather than halting ballot tabulation.
  • The rejected California intervention reflects a broader nationwide push by the Justice De…: The rejected California intervention reflects a broader nationwide push by the Justice Department involving election-related legal challenges in multiple states.

Sources checked by our analysis pipeline: 1

A federal judge has denied an unprecedented, emergency request by the Department of Justice to segregate thousands of California ballots in the midterm elections.

The Justice Department wants California election officials to stop processing ballots pertaining to 20,000 individuals that federal officials say are "likely" noncitizens.

State and local officials in California have countered that the DOJ's list of "likely" noncitizens is unreliable, with a preliminary analysis by Los Angeles County showing that many on the list do not have active voter registrations. The officials also claim that setting aside ballots just days before Election Day, when voting and processing mailed ballots are already underway, would be unlawful and infeasible and would disenfranchise eligible voters.

In his 26-page ruling issued Wednesday evening, U.S. District Judge David Carter, a Clinton appointee, denied the Justice Department's request for a temporary restraining order to stop processing the ballots in question.

"Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional elections procedures and bend to…

Politics