Appeals Judges Skeptical of DOJ Bid to Segregate California Ballots
A three-judge federal appeals panel heard emergency arguments Sunday on a Justice Department lawsuit against California. The DOJ wants the state to set aside mail ballots from people it believes are likely noncitizens.
20,000 voters are on the DOJ list of alleged noncitizens.
300,000-plus midterm ballots have already been processed in California.
Nearly 40% of 200 sampled names list a U.S. birthplace, county officials said.
28 people from the list face charges announced by DOJ.
Why it matters: The ruling could decide whether federal officials can step into a state's vote count mid-election. Judge Mark Bennett said the Elections Clause appears to give California that authority.
Judges Bennett and Gabriel Sanchez pressed DOJ on how reliable its list is.
Judge Patrick Bumatay appeared more open to the administration's argument.
Left coverage, 6 sources: The left sees an administration trying to back Trump's voter-fraud claims by stepping into a state's vote count, using a list that judges and California officials question.
What’s next: A district court hearing is scheduled for Tuesday. DOJ attorney Matthew Donnelly urged the panel to rule sooner because voting is ongoing.
DOJ letters asked every California county to help identify noncitizens within 48 hours.
Where did the DOJ's list come from, and how was it analyzed?
Could California detect noncitizen votes after ballots are counted, as Bumatay asked?
