From NBC Bay Area · · 1m 30s
9th Circuit questions DOJ demand to set aside 20,000 California mail ballots
Two 9th Circuit judges question DOJ's request to set aside 20,000 California mail ballots.
In brief
Two 9th Circuit judges question DOJ's request to set aside 20,000 California mail ballots. Two judges on the 9th U.S. Circuit Court of Appeals questioned the Justice Department's demand to set aside 20,000 California mail ballots suspected of being noncitizen voters. Originally reported by NBC Bay Area.
9th Circuit judges skeptical
Two of three judges on the 9th U.S. Circuit Court of Appeals appeared skeptical of a lawsuit brought by the Trump administration in mid-October.
DOJ demand to set aside ballots
The lawsuit accuses California officials of failing to meet a 48-hour deadline to review 20,000 names the administration flagged as likely noncitizens.
Jurisdiction questioned
Circuit Judge Mark Bennett questioned whether the appellate court even has jurisdiction to hear the case even before a ruling by the lower court.
Tenth Amendment concerns
Judge Gabriel Sanchez questioned whether the federal government was violating the Tenth Amendment by commandeering the state to enforce a federal law.
State law vs federal request
The federal government is simply asking California to enforce its own law, which also bans noncitizens from voting.
Disenfranchisement risk
Even if election staffers spent three minutes checking each of 2.75 million mail ballots, the process would take 140,000 man-hours or 16 years.
No credible evidence
The federal government has provided no credible evidence to support its suspicions about noncitizen voters.
Possible emergency order
Judge Patrick Bumatay suggested granting the administration's request for an emergency order could provide clarity on noncitizen voting.
The takeaway
Two judges on the 9th U.S. Circuit Court of Appeals questioned the Justice Department's demand to set aside 20,000 California mail ballots suspected of being noncitizen voters.
