A United States appeals court has expressed doubt over the Department of Justice’s lawsuit against California, which seeks to force the state to throw out mail-in ballots it has deemed likely to go to noncitizens. Circuit Judge Mark Bennett said on Sunday the three-judge panel would issue a decision as soon as possible, following a rare weekend oral argument. But Bennett, an appointee of Republican President Donald Trump, voiced concern that the lawsuit would not hold up to scrutiny.
He pointed to the Elections Clause in the US Constitution, which allows states — not the federal government — to administer elections. On October 15, less than three weeks before the midterm races, the Justice Department issued a complaint targeting California, a left-wing stronghold. It asked the federal court system to set aside thousands of mail-in ballots that the government says were sent to “likely noncitizens”.
The lawsuit indicates the Trump administration sent California officials a list of 20,000 names it believes are not eligible to vote, based on citizenship. Trump has often pushed the discredited claim that the Democratic Party is benefitting from widespread voting by noncitizens. California has long been one of the targets of his election misinformation.
Earlier this year, Trump denounced the state’s primaries after right-wing candidates like Los Angeles mayoral hopeful Spencer Pratt felt short of his expectations. He then announced that the state would be under investigation by the US Attorneys’ Office. Trump’s efforts have caused alarm, with critics accusing him of seeking to dampen voter turnout through intimidation and confusion.
The midterms will decide which party controls the US Congress, as well as key state and local positions. Polls, however, predict steep odds for Republican candidates, given Trump’s souring approval ratings and dissatisfaction with issues like the cost of living and the US-Israel war on Iran. Voting rights advocates have warned that the Trump administration has not publicly revealed how it has compiled its list of noncitizen voters, and whistleblower reports have cast doubt on the accuracy of such lists.
In response to the October 15 lawsuit, California has countered that it has strong safeguards to prevent noncitizens from voting. It also said the Justice Department’s claims are based on dubious data.
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