DOJ Asks Supreme Court to Intervene in California Ballot Dispute on Eve of Election

The update

The U.S. Department of Justice asked the Supreme Court on Monday, a day before the Nov. 3 midterm elections, to intervene in its dispute with California over the state’s voter rolls. The department wants California ordered to set aside and stop processing ballots from about 20,000 people it says are likely noncitizens until their citizenship is verified. A federal district judge and a divided 9th U.S. Circuit Court of Appeals panel have rejected that request, allowing the ballots to be counted. The panel cited the principle that election rules should not change on the eve of an election.

Why it matters

California and Los Angeles County argue the federal list is unreliable and that segregating ballots while voting is under way is infeasible and risks disenfranchisement. County officials say many people on the list were not mailed ballots. The midterms will determine control of both chambers of Congress, so a late order in the largest state could affect results and set a precedent for federal challenges to state voter rolls.

What to watch

It is not yet clear whether the Supreme Court will intervene or rule before polls close on Tuesday. Watch for further action over the department’s subpoenas to Los Angeles County election workers and its warnings that officials could face prosecution if they do not cooperate.

Sources

• npr.org — confirms the appeal, the lower-court rejections and California’s arguments
• cnbc.com — confirms the Supreme Court petition, the 20,000 voters in dispute and the timing