The U.S. Justice Department has asked a federal appeals court to intervene in its legal battle to stop California from tallying over 20,000 mail-in ballots. Federal officials allege these votes may have been cast by individuals who are not U.S. citizens. This legal escalation comes just weeks before the November 3 midterm elections.

Why is the DOJ intervening?

The Justice Department filed a notice of appeal with the Ninth Circuit Court of Appeals after U.S. District Judge David O. Carter did not rule on an emergency application by a requested Thursday deadline. Federal lawyers characterized the judge's silence as a “constructive denial” of their request for an immediate injunction.

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The department argues that the situation is an emergency because California is currently processing ballots. They are requesting that the state set aside specific mail-in votes until the citizenship of those voters can be verified. This follows a federal initiative known as "Operation Protect the Vote," which recently led to charges against 28 people for illegal voter registration or casting ballots.

What is California's response?

California officials are fighting the federal attempt to access voter rolls and halt the counting process. The state has moved to have the case dismissed, with Attorney General Rob Bonta stating he has "a high level of confidence" that the case will be thrown out.

Key points of the dispute include:

  • The DOJ claims an immediate threat to election integrity.
  • Los Angeles County officials stated they cannot withhold ballots based on "unverified allegations."
  • The state argues the federal government lacks the methodology to prove these individuals are ineligible.

What happens next?

While the Justice Department seeks rapid intervention, the district court has already scheduled a hearing for next week to consider the emergency order. This legal struggle highlights a broader tension regarding election administration, as individual states typically hold the authority to run their own elections. The outcome could impact the upcoming midterms, which will determine the balance of power in Congress.