Justice Department Seeks Supreme Court Ruling to Pause 20,000 California Ballots

The U.S. Department of Justice filed for emergency intervention at the Supreme Court on Monday, seeking to pause the counting of ballots for 20,000 California voters. The agency identifies these individuals as likely noncitizens who should not have their votes tabulated until their citizenship is confirmed. This filing lands one day before Election Day in a state where millions of ballots are already in motion.

The request follows a legal defeat in the 9th Circuit Court of Appeals. Judges Mark Bennett and Gabriel Sanchez rejected the Justice Department's previous emergency bid on Friday. They cited the Purcell principle, which warns against changing election rules on the eve of a vote. The two judges noted a material risk that granting the federal government's relief would disenfranchise voters and jeopardize the Los Angeles County election.

Judge Bennett, appointed by President Trump, and Judge Sanchez, appointed by President Biden, wrote that the Constitution gives states primary authority to run their own elections. They also pointed to the National Voter Registration Act, which prevents states from systematically removing ineligible voters within 90 days of a federal election. A third judge on the panel, Patrick Bumatay, filed a dissenting opinion supporting the federal position.

Los Angeles County officials argue the federal list is unreliable. Data scientists from the University of California Los Angeles Voting Rights Project analyzed the list after receiving court-ordered access. Their findings show that 42 percent of the names do not appear on California's current voter roll. The analysis also identified naturalized citizens included in the Department of Justice's flagged group.

County election officials say the actual number of disputed ballots is likely smaller than the 20,000 figure. Many people on the federal list did not have active registrations or were not mailed ballots. The county contends that building a new system to segregate these specific votes while the election is already underway is infeasible.

The appeal is part of a wider legal confrontation between the Trump administration and California election officials. In recent weeks, the Department of Justice sent subpoenas to state officials. It also reminded them that criminal prosecution is possible if they allow ineligible voters to cast ballots. A federal judge in San Francisco issued a temporary restraining order late Friday to stop the administration from coercing officials to halt ballot processing.

The Supreme Court has not yet decided whether to hear the case or issue a ruling before Tuesday. If the high court grants injunctive relief, it would effectively freeze the counting process for the targeted group until their status is verified. The federal government has also appealed the San Francisco judge's restraining order, adding another layer to the ongoing dispute over who controls the state's voter rolls.