DOJ Appeals to Supreme Court Over California’s Voter Rolls Dispute

The U.S. Department of Justice (DOJ) is intensifying its conflict with California regarding the state’s voter rolls. With just one day remaining until Election Day on November 3, the DOJ is requesting the U.S. Supreme Court to intervene.

Earlier rulings by a federal district judge and a divided panel from the 9th Circuit Court of Appeals turned down the DOJ’s request. This request aimed to order California to stop processing thousands of ballots. In response, the DOJ filed a notice on Monday indicating plans to appeal to the Supreme Court. The Supreme Court has yet to decide whether to take up the case or whether it will rule before Election Day.

The DOJ claims to have identified 20,000 voters on California’s rolls who are likely noncitizens. They argue these ballots should not be counted until citizenship verification is carried out. However, courts have so far sided with California and Los Angeles County. They contend that the federal list is unreliable and that adopting a new system to segregate ballots at this stage is not practical.

“There is a material risk that granting the United States its requested relief would result in disenfranchisement and could jeopardize the County’s entire election,” wrote Judges Mark Bennett and Gabriel Sanchez of the 9th Circuit in their decision. They referenced the Purcell principle, which advises against changing election rules shortly before an election, and emphasized the Constitutional authority of states to conduct elections.

The National Voter Registration Act, which prevents states from systematically removing ineligible voters within 90 days of a federal election, was also cited. Judge Patrick Bumatay dissented from the opinion.

The disputed ballots are likely fewer than 20,000, as local officials found that many individuals on the DOJ’s list did not have active registrations and were not sent ballots. The DOJ’s appeal to the Supreme Court coincides with increased tensions with California election officials.

Recently, DOJ officials have cautioned local officials about potential criminal prosecution for noncompliance with federal orders to segregate ballots. Grand jury subpoenas were also issued to employees at the Los Angeles County Registrar-Recorder’s office last week.