Appeals Court Skeptical of DOJ Lawsuit Targeting California Mail-In Ballots

A United States appeals court has expressed significant doubt regarding the Department of Justice’s lawsuit aimed at compelling California to discard mail-in ballots presumed to be cast by non-citizens. Circuit Judge Mark Bennett, an appointee of former President Donald Trump, indicated on Sunday that the three-judge panel would render a decision promptly after a rare weekend oral argument. However, Bennett voiced concerns that the lawsuit might not withstand legal scrutiny, citing the U.S. Constitution's Elections Clause, which grants states, rather than the federal government, the authority to manage elections.

“It seems to me that you want us to issue an injunction that is entirely inconsistent with the law that the California legislature has adopted pursuant to the Elections Clause,” Bennett stated to Justice Department lawyer Matthew Donnelly, questioning the legal basis for such an injunction. This case is part of a broader initiative by the Trump administration to address alleged non-citizen voting in the lead-up to the November 3 midterm elections. The Justice Department filed a complaint on October 15, less than three weeks before the elections, targeting California and requesting that thousands of mail-in ballots, which the government claims were sent to individuals likely not eligible to vote based on citizenship, be invalidated.

The lawsuit reveals that the Trump administration provided California officials with a list of 20,000 names believed to be ineligible to vote due to non-citizenship. This action aligns with Trump's repeated assertions, often based on discredited claims, that the Democratic Party benefits from widespread non-citizen voting. California has frequently been a target of Trump's election-related misinformation. Earlier this year, Trump criticized the state's primaries after certain right-wing candidates, such as Los Angeles mayoral hopeful Spencer Pratt, did not meet his expectations. He alleged significant cheating by Democrats in California and announced an investigation by the U.S. attorney’s office.

Critics have expressed alarm over Trump's actions, accusing him of attempting to suppress voter turnout through intimidation and confusion. The midterm elections are pivotal, determining control of the U.S. Congress and numerous key state and local positions. Current polling suggests challenging prospects for Republican candidates, influenced by Trump's declining approval ratings and public dissatisfaction with issues like the cost of living and the U.S.-Israeli conflict in Iran. Voting rights advocates have raised concerns about the Justice Department's methodology for compiling its list of non-citizen voters, with whistleblower reports questioning the accuracy of these lists.

In response to the lawsuit, California has asserted that it maintains robust safeguards to prevent non-citizens from voting and contends that the Justice Department's claims are founded on questionable data. California Governor Gavin Newsom characterized the lawsuit as a “sad, desperate attempt by Trump to use his politicized Justice Department to try to suppress California voters just three weeks before Election Day.” He vowed that California would continue to conduct free and fair elections and denounce what he termed authoritarian tactics.