The Trump administration has officially requested the Supreme Court to prevent California from counting mail-in ballots submitted by over 20,000 people whose U.S. citizenship is under scrutiny.
This emergency action comes just one day prior to the midterm elections, heightening tensions over whether California should validate the citizenship of these voters before their ballots are counted.
With control of Congress on the line, the Justice Department is seeking judicial involvement after both a federal judge and an appeals court turned down its previous appeals to exclude the disputed ballots.
The list in question identifies registered voters whose citizenship status has been questioned by federal officials.
The legal contention started on October 15 when the Justice Department filed a lawsuit against California in federal court, aiming to prevent the counting of ballots from individuals deemed likely non-citizens until their statuses can be confirmed.
Federal law explicitly prohibits non-citizens from participating in federal elections.
Prior to initiating the lawsuit, the department provided Los Angeles County officials with a thumb drive listing the suspected non-citizen voters. The administration sought to ensure that ballots from these individuals would be set aside pending verification of their eligibility.
U.S. District Judge David Carter denied the call for a temporary restraining order on October 28, accusing the federal government of attempting to bypass California’s election processes.
“This case is about the right of every American citizen to vote in a free and fair election,” Judge Carter stated in his ruling.
“Never before in American history has the federal government, on the eve of an election, sought to coerce a state and local government to abandon their own Constitutional election procedures and bend to the will of the Executive Branch,” he added. “In bringing this lawsuit, the Executive would have this Court believe that it reigns as a sole sovereign. But California and its people are sovereign, too.”
Following the denial of its appeal for an injunction by the 9th U.S. Circuit Court of Appeals, the administration has now escalated its efforts to the highest court in the nation, as Republicans strive to keep their majority in both the House and Senate.
