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US appeals court signals doubt over Justice Department bid to set aside California mail-in ballots
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A federal appeals panel hearing the Justice Department's lawsuit against California over its voter rolls appeared sceptical of the government's case during a rare weekend oral argument on Sunday, according to Al Jazeera, Reuters, The New York Times and Politico. The suit seeks to force the state to set aside thousands of mail-in ballots that the administration says were sent to likely noncitizens.
The case tests how far the federal government can intervene in a state's running of its elections, shortly before the November 3 midterm elections that will decide control of Congress. A ruling for the Justice Department could remove ballots already in voters' hands from the count in the country's most populous state. A ruling against it would leave California's own procedures in place for Election Day.
The sharpest questions came from Circuit Judge Mark Bennett, an appointee of President Donald Trump. According to Al Jazeera, Bennett cited the Elections Clause of the US Constitution and pressed Justice Department lawyer Matthew Donnelly on whether the court could grant the relief the government is seeking.
"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," Bennett said, as quoted by Al Jazeera. "How can we do that?"
Bennett said the three-judge panel would rule as soon as possible, Al Jazeera reported. Other outlets gave the same reading of the hearing. Reuters described the court as appearing sceptical of the lawsuit. The New York Times reported that the panel appeared to doubt the Justice Department's claims. Politico said the department had faced a sceptical panel in the dispute over California ballots.
The Justice Department filed its complaint on October 15, less than three weeks before the vote. According to Al Jazeera, the department asked the federal courts to set aside thousands of mail-in ballots it says were sent to "likely noncitizens". The lawsuit states that the administration had sent California officials a list of 20,000 names it considers ineligible to vote on citizenship grounds, the outlet reported.
Voting rights advocates have warned that the administration has not publicly explained how it compiled that list, according to Al Jazeera. The outlet also reported that whistleblower accounts have raised questions about the accuracy of such lists.
California has argued that it has strong safeguards against noncitizen voting and that the department's claims rest on unreliable data, Al Jazeera reported. Governor Gavin Newsom, a Democrat, called the lawsuit "a sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day", in a statement cited by the outlet. He said the state would continue to run what he called free and fair elections.
The Elections Clause, in Article I, Section 4 of the Constitution, gives state legislatures the power to set the times, places and manner of congressional elections, while allowing Congress to alter those rules by law. Bennett's question centred on whether a court could order California to depart from procedures its legislature adopted under that authority.
The lawsuit is part of a broader push by the Trump administration against what it describes as noncitizen voting. Trump has repeatedly claimed, without providing evidence, that Democrats benefit from widespread voting by noncitizens. Investigations and studies have found such voting to be rare.
California, a Democratic stronghold, has been a frequent target of those claims. Al Jazeera reported that earlier this year, after right-wing candidates including Los Angeles mayoral hopeful Spencer Pratt performed worse than Trump expected in the state's primaries, the president alleged on social media that Democrats were cheating in California. He then announced that the state would be investigated by federal prosecutors.
Critics have accused the administration of trying to depress turnout by intimidating and confusing voters, Al Jazeera reported. The outlet also said polls point to a difficult midterm for Republicans, citing Trump's falling approval ratings and voter discontent over the cost of living and the US-Israel war with Iran.
Beyond Bennett's commitment to act quickly, the panel has not said when it will rule. Either side could seek further review, including from the Supreme Court. Any decision will come while California voters are already returning mail-in ballots ahead of November 3.
Sources: Al Jazeera, Reuters, The New York Times, Politico
Picture: Al Jazeera
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