Ninth Circuit Denies Emergency Request on California Voter Ballots
A panel from the Ninth Circuit Court of Appeals has, well, turned down an emergency appeal from the federal government aimed at stopping California officials from processing mail-in ballots belonging to 20,000 individuals identified as potential noncitizens.
California’s officials have resisted this push from the Department of Justice, pointing out that there simply isn’t enough time to ascertain the voting legitimacy of these individuals before election day. They have also suggested that this move seems more about disenfranchising voters based on vague evidence that hasn’t been shared with them.
On Monday night, the appeals court ruled 2-1, determining it didn’t have jurisdiction to satisfy the emergency request. Importantly, the panel didn’t address whether these 20,000 voters should be considered eligible.
The court’s majority observed that the federal government was aware of potential noncitizen voters for months prior but only advanced their request after mail-in ballot processing had already commenced:
Granting the plaintiff’s request could lead to disenfranchisement of voters and risk the integrity of the entire election in the county.
Matthew Donnelly, an attorney for the Justice Department, maintained that California’s inaction was leading to “irreparable harm” by allowing noncitizens to vote contrary to state laws, suggesting that the consequences would be irreversible.
On the flip side, Seth Waxman, representing the Los Angeles County Clerk, argued that verifying the vast volume of records would demand around 140,000 man-hours—about 16 years of work. He also shared findings from examining a sample of 200 records, noting many were either canceled or inactive, or that the individuals had no voting history.
Moreover, a U.S. Citizenship and Immigration Services official submitted an affidavit indicating that a review of the 200 names found none were U.S.-born, contradicting claims from L.A. officials who suggested that nearly 39% had confirmed their native birth.
Nicolas Bartell, associate director at USCIS, stated, “It was determined that none of the individuals USCIS matched to the County’s Sample List were born in the United States according to USCIS records.”
Rob Bonta, California’s Attorney General, lauded the appeals court’s decision, affirming that the Constitution empowers states and Congress—rather than the president or executive powers—to dictate the timing and methods of elections. “This ruling is crucial for safeguarding Californians’ right to vote and our authority to manage elections securely,” he emphasized.
In a motivational tone, Governor Gavin Newsom remarked on the broader implications of this issue, encouraging active participation in democracy and asserting, “California is pushing back. We urge all Californians to join us.”
