A federal appeals court on Monday dismissed the Justice Department’s emergency appeal to force California election officials to set aside approximately 20,000 mail-in ballots from voters that may be noncitizens, ruling that the court lacked jurisdiction to intervene before a lower court had ruled on the request.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that the Justice Department had not given the district court sufficient time to consider its request for an emergency order. The judges also criticized the department for filing its lawsuit less than three weeks before the November 3 midterm elections and seeking emergency relief after California had already begun processing ballots.
The Justice Department filed suit against California, Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan after federal officials sent the state a list of more than 20,000 registered voters they identified as “likely” noncitizens. The department sought an order requiring election officials to withhold those voters’ mail-in ballots until their citizenship could be verified.
Judges Mark Bennett and Gabriel Sanchez joined the decision dismissing the appeal. Judge Patrick Bumatay dissented, arguing that the federal government has authority to protect federal elections from votes cast by noncitizens. The case now returns to U.S. District Judge David O. Carter, who scheduled a hearing for Tuesday afternoon on the Justice Department’s request for a temporary restraining order.
