From CNBC · Dan Mangan · · 2m
DOJ asks Supreme Court to block California mail ballot count
The Trump administration seeks to stop California from counting ballots from roughly 20,000 voters the DOJ says may not be citizens, one day before Election Day.
In brief
The Trump administration seeks to stop California from counting ballots from roughly 20,000 voters the DOJ says may not be citizens, one day before Election Day. The DOJ asked the Supreme Court to block California from counting mail-in ballots from about 20,000 voters it suggests may not be U.S. citizens, after lower…
DOJ seeks emergency Supreme Court action
The Trump administration asked the Supreme Court on Monday to temporarily block California from counting mail-in ballots from about twenty thousand voters the Department of Justice suggests may not be U.S. citizens.
Lower courts already rejected the request
The petition came three days after the ninth Circuit U.S. Court of Appeals rejected the DOJ's bid to overturn a federal District Court judge's ruling that allowed the ballots to be counted.
Timing is one day before Election Day
The petition comes a day before November third, Election Day. The Supreme Court could act on the petition at any time, but there is no deadline.
DOJ claims likely non-citizens are registered
Solicitor General D. John Sauer said the United States identified more than twenty thousand individuals registered to vote in California who appear likely not to be U.S. citizens based on publicly available information.
Judge Carter rejected the DOJ's original request
Last Wednesday, Judge David Carter denied the DOJ's request to set aside mail ballots from alleged non-citizens and not count their votes until citizenship is confirmed.
Carter cited state sovereignty and election integrity
Judge Carter wrote that never before in American history has the federal government on the eve of an election sought to coerce a state to abandon its Constitutional elections procedures.
“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 the will of the Executive Branch.”
Ninth Circuit panel split two to one against DOJ
A three-judge panel at the ninth Circuit denied the DOJ's appeal in a two to one ruling on Friday. The majority found material risk that granting relief would result in disenfranchisement.
Supreme Court now holds the final decision
The Supreme Court could act on the DOJ petition at any time before or after Election Day. No deadline has been set for the justices to rule on the emergency request.
What it means
The DOJ asked the Supreme Court to block California from counting mail-in ballots from about 20,000 voters it suggests may not be U.S. citizens, after lower courts rejected the request.
