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US judge rejects request to set aside California ballots

US District Judge David Carter rejected the Justice Department’s request to segregate California mail ballots linked to a disputed citizenship list. His ruling challenged the reliability of the government’s method and warned about excluding eligible voters while voting was under way. The department said it would appeal ahead of the November 3 election.

Geopolitics··Midday
Close-up of the hardwood edge of a judicial bench in an empty federal courtroom, with an unoccupied judge’s chair behind it.

Carter denies the emergency request

A federal judge rejected the US Justice Department’s emergency bid to separate certain California mail ballots on October 28. The request concerned voters whose citizenship the department disputes, as voting was already under way for the November 3 election.[1], [2]

US District Judge David Carter said the government had not supplied a credible method for identifying the alleged noncitizens. The department sought to keep ballots linked to roughly 20,000 registered voters out of the count while officials examined citizenship. Its allegation did not establish that the listed people had voted illegally.[1]

The ruling addresses ballot handling

Carter’s 26-page decision stressed states’ authority to administer elections and protections for voting rights. California and Los Angeles County lawyers disputed both the accuracy and currency of the information behind the federal list. County officials said manually examining ballot envelopes could not be completed within the election timetable. Carter warned that changing procedures during voting risked excluding lawful voters.[1]

Justice Department plans an appeal

The Justice Department said it would appeal and seek emergency relief from the US Ninth Circuit Court of Appeals. Los Angeles federal prosecutor Bill Essayli maintained that the government was not seeking to cancel ballots. Federal and California law prohibit noncitizens from voting. Carter also pointed to the government’s ability to investigate suspected illegal voting after the election. California has more than 23 million registered voters, and mail ballots began going out in early October.[1]

References

  1. News sourceCBS NewsCourt rejects bid to segregate California ballots↩1↩2↩3↩4
  2. News sourceKPBS / NPRFederal judge denies California ballot-segregation request↩
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