Trump asks Supreme Court to intervene in bid to get California to set aside ballots from 20,000 alleged noncitizens

Update: The Supreme Court turned down the Trump administration’s request Monday evening. Read the latest here. Our earlier report appears below.


Washington — The Trump administration asked the Supreme Court on Monday to intervene in its effort to require California election officials to set aside mail-in ballots cast by thousands of people the government alleges are not U.S. citizens.

The Justice Department sought emergency relief after a federal appeals court on Friday declined to order California officials to separate ballots submitted by more than 20,000 people identified on a government list of suspected noncitizens.

More than 6 million mail ballots had been returned statewide by Sunday, according to the California secretary of state’s office. Voting began in California in early October, and the state has more than 23 million registered voters.

The emergency filing arrived as the legal fight accelerated ahead of Tuesday’s elections. So far, the Trump administration has failed to persuade lower courts to require officials to quarantine the ballots in question.

In its Supreme Court filing, however, Solicitor General D. John Sauer characterized the government’s request as a “modest remedy” intended to ensure that ballots cast by noncitizens do not “debase or dilute valid votes.”

“Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back,” Sauer wrote. “The only way to preserve the district court’s ability to grant relief to the United States after a full merits proceeding, therefore, is to segregate the challenged ballots now.”

The dispute began when the Justice Department sent letters to California’s secretary of state and Los Angeles County’s chief elections official. The letters included a list of 20,000 people the department said were registered voters but not U.S. citizens, and demanded that any ballots they returned be separated and withheld from tabulation until their citizenship was confirmed.

State and county officials, however, questioned the list’s reliability and warned that the process could wrongly disenfranchise eligible voters.

The Justice Department then sued California and Dean Logan, the Los Angeles County registrar-recorder and county clerk, seeking a court order that would require the ballots to be segregated.

On Wednesday, U.S. District Judge David Carter rejected the Trump administration’s request for a temporary restraining order preventing election workers from counting ballots linked to the alleged noncitizens.

“Constitutional rights and our democracy are at stake. The public interest favors their protection,” Carter, an appointee of President Bill Clinton, wrote. “Individuals who have met the requirements of California’s voter registration laws must not be deprived of a core right merely because of unfounded allegations stemming from a procedure rife with uncertainty and errors.”

A three-judge panel of the 9th Circuit later split 2-1 on Friday, rejecting the Justice Department’s request to have the ballots separated and barred from counting while officials verified the voters’ citizenship.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Poland's constitutional crisis deepens as Prime Minister Tusk faces accusations of power grab

Poland’s Constitutional Crisis Deepens as PM Donald Tusk Faces Power Grab Accusations

A late-night clash at Poland’s Constitutional Tribunal on Friday, involving riot police…
Florida plane crash investigators say weather conditions a 'major focus,' plane may have started to break up

Florida Plane Crash Investigators Focus on Weather as Plane May Have Broken Up Midair

Federal investigators said Monday that weather conditions are a central line of…
MICHAEL RUIZ: Idaho college massacre survivor says family moved 9 times as strangers followed them

Idaho Massacre Survivor Says Family Moved 9 Times to Escape Stalkers

The University of Idaho student massacre survivor who encountered a masked man…
Supreme Court rejects Trump's effort to force California to separate mail ballots from alleged noncitizens

Supreme Court Rejects Trump Bid to Separate California Mail Ballots

Washington — The Supreme Court on Monday rejected a last-minute bid by…
Stanford University drops term 'survivor' for sexual assault cases due to bias -- as victims erupt

Stanford Replaces ‘Survivor’ in Sexual Assault Cases, Drawing Backlash

Stanford University is facing backlash after removing the word “survivor” from its…
Seahawks-Bears game today: Caleb Williams and Jeffery Simmons lead the Bears past Seahawks 34-17 in Monday Night Football matchup

Caleb Williams, Jeffery Simmons Lead Bears Past Seahawks 34-17

SEATTLE — Caleb Williams opened the scoring with a touchdown pass, while…
El Niño threatens 6 California areas, see the danger zones

El Niño Threatens 6 California Regions: See the Danger Zones

California’s coastline is preparing for a potentially damaging double threat this winter,…
Early voting surges nearly 70% in NY, more than doubles in district to replace Rep. Stefanik

Early Voting Jumps Nearly 70% in New York, Doubles in Race to Replace Rep. Elise Stefanik

Early voting in New York surged nearly 70% from four years ago,…
Vice President JD Vance rallies for North Country GOP candidate Anthony Constantino

JD Vance Rallies for North Country GOP Candidate Anthony Constantino

ROME, NEW YORK — Vice President JD Vance urged local Republicans to…
Sonja Shaw vows academic focus in California superintendent race

Sonja Shaw, Chino Valley Board President, Vows Academic Focus

Sonja Shaw says she is “energized and focused” as voters head to…
Washington state resident dies after contracting bird flu from dairy farm: officials

Washington State Resident Dies After Contracting Bird Flu at Dairy Farm

A Washington state resident has died after contracting bird flu at a…
Nithya Raman votes against Westside homeless encampment ban

LA Councilwoman Nithya Raman Opposes Westside Homeless Camp Ban

Los Angeles mayoral candidate Nithya Raman voted against prohibiting homeless encampments at…