Trump Administration Faces Setback in California Voting Dispute

The Trump administration’s attempt to compel California to exclude ballots from a list of potentially noncitizen voters has been unsuccessful.

The Department of Justice identified approximately 20,000 likely noncitizen voters and requested that California verify their legal voting status or separate their ballots.

Despite these claims, California officials pushed back, stating the list lacked clarity and could potentially disenfranchise legitimate voters.

The ongoing legal issue has progressed through the court system and may escalate to the U.S. Supreme Court.

Recently, a two-judge majority from the Ninth Circuit Court of Appeals deemed the list unreliable, echoing a previous lower court’s findings.

According to the ruling, “As the district court found — and we discern no clear error — there is no feasible way to identify and segregate the ballots of specific individuals without potentially catastrophic effects on the entire system.” A dissenting opinion came from U.S. Circuit Judge Patrick Bumatay, who stressed the importance of protecting citizens’ voting rights.

Bumatay wrote, “Federal courts have historically acted to safeguard the voting and civil rights of our citizens. Common sense indicates the federal government shouldn’t remain passive while a state permits the violation of federal law, particularly when the integrity of federal elections is jeopardized.”

California Secretary of State Shirley Weber previously accused the federal government of making “vague and unsubstantiated allegations” relating to the list provided by the Department of Homeland Security.

Weber expressed willingness to review any solid evidence suggesting that certain California voters were ineligible.

The appeals court appeared to align with Weber’s concerns in its recent ruling.

In its majority opinion, it stated, “To be sure, there are countervailing public interests at stake. There is a public interest in maintaining the integrity of elections. But as discussed, the district court found that the risks that noncitizens are voting are, at best, uncertain.”

The Trump administration can opt for a full Ninth Circuit review of the case or appeal to the U.S. Supreme Court.

With the election just four days away, the situation remains tense.

California Governor Gavin Newsom expressed his views on the ruling, stating, “The courts have rejected Trump’s desperate and dangerous attempts to interfere in the California electoral process. We will persist in fighting their illegal power grabs and ensuring a free and fair election.”

Notably, the judges involved in the majority included one appointed by Trump and another by Biden.