From Straight Arrow · · 3m
Appeals court questions DOJ's challenge to California mail-in ballots
Appeals court doubts DOJ's move to block 20,000 California mail-in ballots from counting.
In brief
Appeals court doubts DOJ's move to block 20,000 California mail-in ballots from counting. A federal appeals court is questioning the Justice Department's request to exclude 20,000 California mail-in ballots from the count due to suspected noncitizen voting. Originally reported by Straight Arrow.
Appeals court hearing
A federal appeals court could rule as soon as Monday on the Trump administration’s effort to block thousands of mail-in ballots from being counted in California.
Sunday hearing
During a rare Sunday hearing, two of the three judges pressed Justice Department attorneys on their legal arguments, raising doubts about the administration’s request.
20,000 ballots at risk
The Justice Department wants roughly 20,000 mail-in ballots excluded from the count unless officials can verify that they belong to eligible voters.
Administration's claim
The administration claims the ballots were sent to noncitizens.
California's response
California officials dispute that allegation, saying the administration’s list is unverified and includes eligible voters.
Court filings
In court filings, the state has defended its safeguards against noncitizen voting and questioned the reliability of the DOJ’s data.
Judge Bennett's challenge
Circuit Judge Mark Bennett, a Trump appointee, challenged the administration’s authority to seek an order overriding California election law.
Judge Bennett's question
It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California Legislature has adopted pursuant to the Elections Clause, how can we do that?
Judge Sanchez's question
Circuit Judge Gabriel Sanchez, appointed by former President Joe Biden, questioned why the appeals court should intervene before a lower court has heard the case.
DOJ timeline
The Justice Department wants a decision before 1 p.m. Pacific time Tuesday, when the lower court is scheduled to take up the dispute.
Administration's reasoning
The administration argues that waiting could allow the contested ballots to be counted before a judge has a chance to act.
Trump's voting
Trump has repeatedly criticized mail-in voting, despite using it himself in Florida.
Trump's recent action
On Saturday, he voted early and in person at an elections office near his Mar-a-Lago resort.
Court timeline
The appeals court said it would issue a ruling as soon as possible.
California's data
California officials say the list includes lawful voters and people with no voting history.
California's sample
Los Angeles found nearly 40% of a 200-person sample indicated U.S. Birth, while 71.2% had no voting history.
The one thing
A federal appeals court is questioning the Justice Department's request to exclude 20,000 California mail-in ballots from the count due to suspected noncitizen voting.
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