Appeals judge questions DOJ bid to void 20,000 California ballots

A federal appeals court panel has signaled skepticism regarding the Department of Justice's effort to invalidate mail-in ballots in California.

Circuit Judge Mark Bennett, a Trump appointee, raised concerns during a rare weekend oral argument held on Sunday. He stated that the three-judge panel would issue a decision as soon as possible. Bennett questioned whether the court should issue an injunction that conflicts with state law adopted under the Elections Clause of the US Constitution.

Bennett directed the following question to Justice Department lawyer Matthew Donnelly: “It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause. How can we do that?” The Constitution’s Elections Clause generally grants states, rather than the federal government, the authority to administer elections.

The lawsuit was filed on October 15, less than three weeks before the November 3 midterm elections. The Justice Department asked the federal court to set aside thousands of mail-in ballots it believes were sent to likely noncitizens. The suit includes a list of 20,000 names that the administration argues are not eligible to vote based on citizenship status.

California has responded that the state has strong safeguards against noncitizen voting and that the federal claims rely on dubious data. Governor Gavin Newsom called the move a desperate attempt to suppress voters. “This is a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day,” Newsom said in a statement earlier this month. He added, “We will continue to carry out free and fair elections in the Golden State, and call out this authoritarian as he tries every play in the dictator’s playbook.”

Voting rights advocates have noted that the administration has not publicly disclosed how it compiled the list of 20,000 names. Whistleblower reports have also questioned the accuracy of such lists. Trump has previously claimed that the Democratic Party benefits from widespread noncitizen voting, a claim he has pushed repeatedly. The midterms will determine control of the US Congress and key state and local positions.