Trump Administration Asks Supreme Court to Block California Ballot Counting
The Trump administration petitioned the Supreme Court on Monday to temporarily block California from counting the mail-in ballots of approximately 20,000 voters. The Department of Justice argues these individuals may not be U.S. citizens.
The filing arrives just one day before Election Day. It follows legal defeats for the federal government in its attempt to alter state election procedures.
DOJ Appeals Ruling After Court Allows Mail-In Ballots
The DOJ’s petition to the Supreme Court landed just three days after the 9th Circuit U.S. Court of Appeals rejected the department’s bid to overturn a lower court ruling. That earlier decision allowed the contested mail-in ballots to be counted.
The legal battle began on October 15 when the DOJ sued California in U.S. District Court in Los Angeles. The complaint asked the court to stop state election officials from tabulating mail ballots from likely non-citizens until their citizenship status could be verified. Ahead of the lawsuit, the DOJ provided Los Angeles County officials with a thumb drive containing names flagged by the Department of Homeland Security.
Last Wednesday, U.S. District Judge David Carter denied the request to set aside those ballots. In his ruling, Carter defended state sovereignty.
This case is about the right of every American citizen to vote in a free and fair election. 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.
Carter emphasized that California and its residents retain sovereign authority over their election administration. Following that decision, the DOJ appealed to the 9th Circuit, which also denied the request.
What Happens Next
The midterm elections will determine which parties hold majorities in both chambers of Congress. The Supreme Court could act on the DOJ’s petition at any time, though there is no deadline for a decision.
