U.S. District Judge David O. Carter on Wednesday denied the Justice Department's request to make California set aside mail ballots from about 20,000 people the department calls likely noncitizens, AP and Bloomberg reported. His 26-page order came a day after a three-hour hearing in Los Angeles, CBS News reported. He did not appoint the special master he had discussed Tuesday, AP reported. The department filed a notice of appeal to the Ninth Circuit within hours, Bloomberg and The Sacramento Bee reported.
The order decides, for now, whether a federal list can hold back ballots in an election already under way.
The department sued California on Oct. 15, Bloomberg reported. Carter found the department likely lacks standing and a right to sue, Democracy Docket reported, and called its emergency "solely due to its own neglect." He wrote that setting the ballots aside "would wreak havoc and disrupt the election that is already underway," AP reported. On Monday a Ninth Circuit panel ruled 2-1 that it could not yet hear the department's earlier appeal. In Washington state, Secretary of State Steve Hobbs declined a separate department demand to set aside 405 ballots, saying his first review found U.S. citizens on that list, Democracy Docket and the Lynnwood Times reported.
- More than 3.7 million Californians have voted, AP reported.
- Carter cited 28 arrests of alleged noncitizen voters in California.
- The case is United States v. California, No. 26-cv-12025.
The principals are Carter; Bill Essayli, the first assistant U.S. attorney who argued for the department; California Attorney General Rob Bonta; Deputy Attorney General Anne Bellows; and Hobbs. Voters on the lists, county election offices and every candidate on those ballots wait on the appeal.
Disputedwhether a federal court should hold ballots aside on the strength of a federal citizenship list, and whether that list is accurate.
The FramingsDepartment framing, from Essayli: "This ongoing emergency disenfranchises American citizens through dilution," and setting a ballot aside "does not prevent it from being counted later," AP reported. Court framing, from Carter: "If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger," HNGN and Bloomberg reported. California framing, from Bonta: no administration can disenfranchise thousands on "highly unreliable claims of noncitizenship," Bloomberg reported. Washington framing, from Hobbs: the list "includes United States citizens and is not reliable," Democracy Docket reported.
The RecordCarter denied the request; the department has appealed. The department says it is "not seeking to void or cancel any ballots," CBS News reported. No court has found any person on the list to be a noncitizen. In Los Angeles County's 200-record sample, about 38 percent of those reporting a birthplace said they were born in the United States, CBS News reported. Confidence that Carter denied the request: certain. Confidence in the list's accuracy: low.
What to watch: How the Ninth Circuit handles the department's appeal. Any department suit against Washington state. A hearing Thursday in Washington, D.C., on a separate Democratic committees' suit over the president's elections order.
Sources: AP, Bloomberg, CBS News, Democracy Docket, HNGN, Lynnwood Times, The Sacramento Bee
