The U.S. Supreme Court on Monday declined to temporarily block lower-court decisions rejecting the Trump administration’s effort to set aside more than 20,000 California mail-in ballots cast by people the administration says may not be U.S. citizens.
Justice Elena Kagan turned down the request without comment on the eve of the midterm elections. She did not refer it to the other justices.
The administration said holding the ballots apart while officials checked voter eligibility would not cancel any votes. California disputes the claim that the ballots are unlawful, and argues that the federal list may include mistakes that could affect eligible voters.
“Once illegally cast ballots are counted and commingled with lawful votes, the resulting harm is impossible to remedy,” the Justice Department said in a court filing.
The Supreme Court’s decision followed Friday’s rejection of the request by the 9th U.S. Circuit Court of Appeals. Judge Patrick Bumatay dissented. A federal judge in Los Angeles had also rejected the administration’s request the previous week.
The Justice Department sought relief while the broader case continues. Lower courts pointed to California’s authority over election procedures and warned that granting the request could put the election at risk.
Also on Monday evening, a federal judge in Washington, D.C., said the administration had likely violated the Constitution by taking over election responsibilities assigned to states and Congress. Chief Judge James Boasberg issued an injunction barring the administration from making requests to California concerning its mail-in ballots.
The dispute began with a Justice Department lawsuit filed Oct. 15. It alleges California is obstructing enforcement of a federal law prohibiting noncitizens from voting in federal elections. The administration argues that the state has violated the Constitution’s Supremacy Clause, which generally gives federal law precedence over state law.
The case is part of a wider administration effort to shape how states run elections. That effort has included demands for access to voter rolls and warnings that officials could face prosecution for knowingly allowing noncitizens to vote.
California has 52 seats in the House of Representatives. Democrats need to gain four seats net to take control of the chamber.
