The Justice Department on Thursday filed a notice of appeal to the Ninth Circuit in its suit over California mail ballots, Democracy Docket and NTD reported. The department wants ballots cast by more than 20,000 people whom federal agencies flagged as likely noncitizens set aside until their citizenship is checked. U.S. District Judge David O. Carter had not ruled on its emergency request by the noon Thursday deadline the department had set. The department argued that his silence amounts to a "constructive denial" it may appeal.
The appeal asks a federal court to decide, in the last days of voting, whether a state must hold back ballots on the strength of a federal list.
The suit is one front in a wider contest over who confirms a voter's citizenship, and with what data. The department sued California, Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan on Oct. 15. The case moved from U.S. District Judge John Holcomb to Carter on Oct. 21 under a court general order, RedState reported. Carter dismissed an earlier department suit over California's voter rolls in January, ABC7 reported. Attorney General Todd Blanche said Thursday that more states could face similar suits before Nov. 3, Democracy Docket reported.
- The suit's single claim rests on 18 U.S.C. 611, a federal criminal statute.
- A hearing on the department's restraining-order request is set for Oct. 27.
- Los Angeles County says it cannot refuse ballots "based solely on unverified allegations."
Carter, Blanche, First Assistant U.S. Attorney Bill Essayli, Weber, Logan and California Attorney General Rob Bonta are the principals. The flagged voters, Los Angeles County's ballot counters and California's candidates wait on the answer.
Disputedwhether the federal list identifies noncitizens or sweeps in citizens, and whether a criminal statute lets a court hold ballots back.
The FramingsJustice Department framing, from Essayli, holds that "we're not asking to cancel anyone's vote" and that the ballots should be set aside only until citizenship is verified. State framing, from Bonta, expresses a "high level of confidence" the case will be dismissed, and the county says it cannot withhold ballots on unverified claims. Voting-rights framing, from Democracy Docket, stresses that the department appealed before the judge ruled and has called the list "likely," "confirmed" and "suspected" at different points. Conservative legal framing, from RedState, stresses that the case left a Trump appointee for a judge who dismissed the department's last California suit.
The RecordThe notice of appeal and the missed deadline are reported from the filings by Democracy Docket and NTD. No court has found any of the 20,000 voters to be a noncitizen. California and the county moved Wednesday to dismiss for lack of standing, NTD reported. Confidence that the appeal was filed: certain. Confidence in how many flagged voters are noncitizens: low.
What to watch: Any Ninth Circuit order on the appeal. Carter's Oct. 27 hearing. Election Day, Nov. 3.
Sources: ABC7 San Francisco, Democracy Docket, NTD, RedState
