Appeals court rejects renewed bid to separate California ballots
A US appeals court rejected the Trump administration’s renewed attempt to separate about twenty thousand California ballots over alleged non-citizen voting. The divided panel said the request threatened eligible voters and lacked authority under the Constitution’s Elections Clause. The ruling follows a district judge’s refusal to issue an emergency order; further evidence proceedings remain scheduled.
Geopolitics··Morning
A second appeals rejection
The United States Ninth Circuit Court of Appeals rejected the Trump administration’s renewed emergency request to separate California mail ballots on October 30. Federal officials suspect that roughly 20,000 registered voters may not be citizens and wanted their ballots held apart for citizenship checks. The three-judge panel rejected the request by 2–1. Judges Mark Bennett and Gabriel Sanchez formed the majority; Patrick Bumatay dissented. The new decision follows Wednesday’s refusal by a district court to order the segregation.[1], [2]
Authority over election procedures
The majority said the Constitution’s Elections Clause leaves state legislatures responsible for election procedures unless Congress exercises its power to override them. Congress had not displaced California’s procedures for challenging ballots or removing ineligible voters. The judges also warned of the risk of excluding eligible voters and disrupting the tabulation process. Judge Bumatay regarded the request as reasonable. Federal elections already prohibit non-citizen voting; the disputed list does not establish that everyone named on it is ineligible.[1], [2]
The administration sent its list to California on October 12 and filed suit on October 15 after state officials refused to separate the ballots. An earlier emergency application was rejected before US District Judge David O. Carter ruled on the request. Carter denied a temporary restraining order on October 28. The Justice Department then returned to the appeals court. California and Los Angeles County officials have challenged the accuracy of the federal identification method and their ability to implement the requested changes while voting is underway.[1], [2]
Evidence hearing remains scheduled
Carter set an expedited hearing for November 13 to examine the government’s methods and data. KESQ reported that he pointed to the December 3 certification deadline as time for officials to resolve the issue. The Justice Department argued that once a mail ballot is processed, the step cannot be reversed if the voter later proves ineligible. State election officials countered that they lack both the mechanism and legal authority to freeze ballots pending citizenship checks. California’s midterm election takes place on November 3. The state will elect fifty-two members of the House of Representatives, the lower chamber of Congress.[1], [2]
