DOJ asks Supreme Court to halt count of disputed California ballots
The Justice Department asked the Supreme Court on Monday to stop California from counting the mail ballots of about 20,000 voters, CNBC reports. The department suggests they may not be citizens. A judge and an appeals court panel have said no, and California says the list may have errors, Fox News reports.
The Justice Department on Monday asked the Supreme Court to block California from counting the mail ballots of about 20,000 voters, CNBC reports. The department suggests those voters may not be US citizens.
In his filing, Solicitor General D. John Sauer said the government has found more than 20,000 people who appear to be registered to vote in California but who, in its view, are likely not citizens, CNBC reports. "Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back," Sauer wrote.
The department says the ballots would be set aside, not canceled, while their eligibility is investigated, Fox News reports. California and the federal government dispute whether the ballots are unlawful, Fox News says.
Judge David Carter, a federal judge in Los Angeles, denied the request last week, CNBC reports. A 9th Circuit appeals panel also said no on Friday, with Judge Patrick Bumatay dissenting, Fox News and NPR report.
California says its safeguards against noncitizen voting are robust, Fox News reports. The state argues the federal list may contain errors that could keep eligible people from voting, Fox News says. NPR says the number of ballots in dispute is likely much smaller than 20,000. Many people on the list had no active registration and were not mailed ballots, county officials found, NPR reports.
The Supreme Court could act at any time, but there is no deadline, CNBC reports. The election is Tuesday. NPR says it is not yet clear whether the court will step in, or whether it would do so before Election Day.
The case began with a lawsuit the department filed against California on October 15, Fox News and CNBC report. Last week, the department sent grand jury subpoenas to employees at the Los Angeles County Registrar-Recorder's office, NPR reports.
What we know: The Justice Department has asked the Supreme Court to step in after two lower courts refused.
What we don't: Whether the court will act, and how many of the ballots, if any, were cast by people who cannot legally vote.
Where outlets agree Fox News, NPR and CNBC agree that the Justice Department has asked the Supreme Court to set aside California mail ballots it links to possible noncitizens, after a federal judge and an appeals court panel refused.
Where they differ The cited reports agree on the key facts so far.