Appeals Court Clears Way For California Vote Count
A federal judge wrote that the administration's request would invite disorder for voters and election officials.
By Jisoo Serrano ·
Federal appellate judges ruled against the Trump administration on Monday, declining its request to hold roughly 20,000 mailed ballots before the November 3 midterm election. The decision allows California to proceed with processing the ballots in question. The case centers on ballots the administration claims were sent to recipients who are likely non-citizens.
The 9th US Circuit Court of Appeals issued a two-to-one ruling. The majority found that the government did not provide lower courts sufficient time to review the matter. The court therefore declined to stop California's tabulation. The administration filed its lawsuit against California on October 15, less than three weeks before the scheduled vote.
Judge Gabriel Sanchez wrote in his opinion that the administration was asking the federal court to dictate to a state legislature a matter squarely within the state's traditional domain. Sanchez noted that granting the petition would invite disorder and confusion for voters and election officials alike. Election administration remains the responsibility of the state under the US Constitution.
The administration has not publicly revealed how it generated its list of voters or determined that the identified individuals were ineligible due to citizenship status. California officials dispute the count. Lawyers for California Secretary of State Shirley Weber stated in a court filing on October 20 that at best the litigation is a reckless political stunt, and that at worst it threatens to disenfranchise thousands of Californians this election.
The dispute remains active in lower court proceedings, with a hearing scheduled for Tuesday. The Trump administration sought an expedited decision from the appeals court, citing the approaching election date. The midterm contests will determine which political party holds power in Congress. The Republican Party currently holds slim majorities in both the House of Representatives and the Senate.
California is a Democrat-led state, and President Trump, a Republican, has repeatedly stated the state is prone to cheating in its elections. Immigration agents under the administration have been assigned to identify non-citizen voters, in some instances visiting homes to ask residents about citizenship status. Last week, the administration charged 28 immigrants in California with illegally voting.
Reporting by the Los Angeles Times found that some of those accused reacted to the charges with confusion and maintained they never registered to vote. Non-citizens are barred from participating in federal elections in all 50 states. In July, an investigation by Reuters found only 129 cases of non-citizens charged by federal authorities with illegal voting since 1996.
The Department of Justice has sued 30 states and Washington, DC, seeking complete access to voter rolls that include sensitive personal data. The department has lost 26 of those cases thus far. The administration has not won any of the 30 cases. Opponents argued in court that releasing such information could scare away voters and interfere with state election administration.
Source: Al Jazeera
