A federal appeals court has dismissed the U.S. Department of Justice’s request for an order requiring California election officials to set aside thousands of ballots cast by voters the department identified as likely noncitizens. The U.S. Court of Appeals for the 9th Circuit issued the ruling on Tuesday found that it lacked jurisdiction over the matter and granted a motion to dismiss filed by the top elections official in Los Angeles County.
The decision was 2-1 and came in an unsigned opinion. Judges Mark Bennett, who was appointed by President Donald Trump, and Gabriel Sanchez, appointed by former President Joe Biden, concurred. Judge Patrick Bumatay, also a Trump appointee, dissented.
The dispute centers on a list of more than 20,000 registered voters that the Trump administration flagged as probable noncitizens. These people had been sent mail ballots for the November 3 midterm elections.
In response, Acting Deputy Attorney General Trent McCotter sent letters to California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan, giving them 48 hours to review the names.
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Los Angeles County replied on October 15. Officials said the list mixed in addresses from across the state, did not explain how it was put together, and gave no clear way to confirm whether someone was a citizen. They argued that following the request would require them to do something illegal under state rules.
The Justice Department then sued the state, Weber, and Logan. It asked a court to order California to hold those ballots aside and check citizenship before counting them. By then, California had already started processing ballots, including roughly 550,000 mail ballots in Los Angeles County alone.
The department built its list by matching voter rolls against Homeland Security records, Social Security data, internal files, and third-party software. It also sent similar demand letters to at least 18 other California counties.
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[ H/T Trending Politics ]
