Why It Matters
The U.S. Department of Justice is asking the Supreme Court to require California to separate ballots cast by suspected noncitizen voters. The request came as more than 5 million mail ballots had already been cast and less than 24 hours remained before Election Day.
What Happened
U.S. Solicitor General D. John Sauer filed an emergency application Monday seeking an administrative stay. The requested order would require California to segregate ballots from voters identified on a federal list of suspected noncitizens.
Federal law prohibits noncitizens from voting. California sends every voter a mail ballot, and state and local officials said they had no simple way to quickly identify and separate the ballots named in the request.
The Justice Department sued California in October after the Department of Homeland Security identified 20,000 suspected noncitizen voters. California officials questioned the list’s accuracy and declined to act on it.
A district court judge and the 9th U.S. Circuit Court of Appeals ruled against the Trump administration. The Justice Department then asked the Supreme Court to intervene on Monday, the day before Election Day.
Sauer argued that delaying action would make the ballots impossible to recover once mixed with other ballots. “Once California commingles the challenged ballots with lawful ones, there is no way to get the challenged ballots back,” Sauer said in the application.
California Attorney General Rob Bonta rejected the federal request. “There is no widespread voter fraud. The federal government has no right to interfere in California’s elections,” Bonta said.
By the Numbers
More than 5 million — mail ballots already cast in California
20,000 — suspected noncitizen voters identified by the Department of Homeland Security
42% — names not found on California’s current voter file, according to a data analysis
At least 22 — names matching names of U.S. citizens compiled by the Coalition for Humane Immigrant Rights
Less than 24 hours — time between the Justice Department’s Supreme Court request and Election Day
Zoom Out
The Coalition for Humane Immigrant Rights raised concerns about the federal list. A data analysis found that 42% of the names did not appear on California’s current voter file, while at least 22 names matched names of U.S. citizens compiled by the coalition.
Aman Bhullar warned that the request could disrupt elections, and Shelby Wayment questioned whether the Justice Department’s demands could be carried out. California is expected to elect dozens of Democrats to the U.S. House.
What’s Next
Justice Elena Kagan will first review the emergency application. Walter Olsen predicted that the Supreme Court would reject the request.