DOJ seeks Supreme Court help on California votes

The Department of Justice filed a notice Monday seeking emergency injunctive relief from the U.S. Supreme Court. The request asks the high court to intervene in a dispute over California's voter rolls. This move comes one day before Election Day.

The federal government wants California to stop processing ballots from 20,000 individuals the DOJ classifies as likely noncitizens. The department argues these ballots should not be counted until citizenship is verified. The appeal follows a series of losses in lower federal courts.

Judge David Carter, a Clinton appointee, previously described the federal actions as a broad pattern of attempted election interference. A divided panel of the 9th Circuit Court of Appeals rejected the DOJ's earlier request to set aside these ballots. The panel consisted of Judges Mark Bennett, Gabriel Sanchez, and Patrick Bumatay.

Judges Bennett and Sanchez wrote that granting the federal request created a material risk of disenfranchisement. They noted the risk could jeopardize the entire election in Los Angeles County. The two cited the Purcell principle, which discourages changing election rules on the eve of an election. They also referenced the National Voter Registration Act, which restricts removing ineligible voters within 90 days of a federal election.

Judge Bumatay dissented from the decision. The DOJ continues to argue its list is reliable. However, courts have sided with California and Los Angeles County officials who claim the federal list is unreliable. Officials state that creating a new system to segregate ballots while voting is underway is infeasible.

The actual number of disputed ballots is likely lower than 20,000. County election officials found many people on the DOJ list did not have active registrations or receive mailed ballots. Data scientists at the UCLA Voting Rights Project analyzed the list after a court order in a separate lawsuit. They found that 42 percent of the names did not appear on California's current voter roll. The analysis also identified naturalized citizens on the list.

The legal fight has escalated in recent weeks. The DOJ has sent subpoenas to California election officials and warned of potential criminal prosecution for allowing ineligible voters. A federal judge in San Francisco issued a temporary restraining order late Friday. The order bars the administration from threatening or coercing officials to stop processing ballots. The federal government has appealed that order.