A federal appeals court has denied the U.S. Department of Justice’s request to invalidate thousands of ballots that were flagged as likely cast by noncitizens. The U.S. Court of Appeals for the 9th Circuit ruled on Tuesday that it did not have jurisdiction, granting a dismissal motion from Los Angeles County’s election authority.
The 2-1 decision was issued in an unsigned opinion with Judges Mark Bennett and Gabriel Sanchez in agreement, while Judge Patrick Bumatay dissented. Notably, Bennett and Bumatay were both appointed by President Donald Trump.
At the heart of the case is a list exceeding 20,000 registered voters that the Trump administration flagged as probable noncitizens, who were then mailed ballots for the November 3 elections.
Acting Deputy Attorney General Trent McCotter initiated communication with California Secretary of State Shirley Weber and Los Angeles County Registrar Dean Logan, demanding a 48-hour review of the flagged names.
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NEW: LA County says a sample of the Trump admin's 200 names of suspected non-citizen voters showed that 38.9% attested to being born in the US. But in a new sworn statement under penalty of perjury, a DHS official says its investigation shows NONE of LA County's 200 names were… pic.twitter.com/DPjAMkMERm
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California officials responded on October 15, stating that the list included mixed addresses statewide and lacked clarity on its compilation, making verification of citizenship impossible. They argued that complying with the DOJ’s request would violate state law.
Following this, the DOJ initiated legal action against the state, Weber, and Logan, seeking a court order to set aside ballots and confirm voter citizenship. However, by this time, California had already started processing ballots, including around 550,000 mail ballots in Los Angeles County.
The DOJ’s list was generated by cross-referencing voter rolls with Homeland Security records, Social Security data, and third-party tools while dispatching similar letters to at least 18 other counties in California.
