Federal Court Doubt: Judge Questions Legal Basis for California Ballot Suit

A federal appeals court panel voiced doubt about the Department of Justice's legal standing to force California to discard thousands of mail-in ballots.

The Justice Department filed a complaint on October 15 seeking to set aside votes the administration believes were cast by likely noncitizens. The suit specifically targets a list of 20,000 names provided to state officials by the federal government. These ballots are part of a larger effort by the administration to address alleged voting irregularities ahead of the November 3 midterm elections.

Circuit Judge Mark Bennett, who was appointed by President Donald Trump, led the questioning during a rare weekend oral argument. Bennett asked the government's lawyer, Matthew Donnelly, how the court could issue an injunction that contradicts state law. He cited the Elections Clause of the US Constitution, which grants states, rather than the federal government, the primary authority to administer elections. Bennett stated that it seemed inconsistent for the court to order an action that clashed with the law adopted by the California legislature.

The judge indicated that the three-judge panel would issue a decision as soon as possible. The case has drawn attention from voting rights advocates who have questioned the methodology behind the federal list. Whistleblower reports have raised concerns about the accuracy of the data used to identify noncitizens. Critics argue the administration has not publicly explained how it compiled the list of 20,000 names.

California officials responded to the October 15 lawsuit by asserting that the state maintains strong safeguards against noncitizen voting. They argued that the Justice Department's claims rely on questionable data. Governor Gavin Newsom criticized the move, calling it a desperate attempt to suppress voters shortly before Election Day. Newsom said the administration was using a politicized justice department to interfere in the election process.

The midterm elections will determine which party controls the US Congress, along with key state and local offices. Polls currently show steep odds for Republican candidates, a trend attributed to President Trump's declining approval ratings. Voters have expressed dissatisfaction with issues such as the cost of living and the US-Israel war on Iran. The legal battle adds a layer of complexity to a campaign season already marked by disputes over voting procedures.